[L119] UNETHICAL EMPLOYER BEHAVIOR: PART 2 OF 3 - DEALING WITH BIAS HEARINGS & PROCEDURES IN SA

[@douglasnelson4985]

Looking forward to the next 3 in the series!

[@legalleaderssouthafricanla7309]

Hello Douglas,
Its a pleasure. Stay tuned!
Regards,
Legal Leaders South Africa
[e-mail]

[@ralstondutoit3942]

Hi Aslam. What if the employee leaked the case to other employers before the case started

[@shawnrank1957]

Is that person allowed to contact the representitive like an shopstuart

[@babaliefie]

Hello Mr Aslam, my name is Estelle, I have one question regarding you are not allowed to contact employee (coworker) this includes supervisors, now my question related to above on their private phone the supervisor is messaging me, l saw the message but did not go into their chat to fisically read the message(s) they sending - is this allowed or is breaching the hearing procedures?

[@legalleaderssouthafricanla7309]

If there is an instruction or agreement that no contact is allowed between you and your coworkers or supervisors on private phones, your supervisor's actions might be a breach of that directive. It’s important to follow the hearing procedures yourself, so avoiding the chat could be wise. You can document the messages and inform HR or the relevant party handling your hearing about this contact, as it may be important for the case.

[@Mediabeehigh]

Hello Aslam, my question is in a hearing is it allowed for an employer to be a part of the meeting whilst there is a chairperson from outside the company and is the employer allowed to comment on that meeting? Is it also allowed for an employer to appoint their chairperson if not what is another process to follow as an employee?

[@legalleaderssouthafricanla7309]

Hello Samukelo
Thank you for your comment. We assume this ties in with your comment on our video recently.
It looks like you employer tried to end your contract instead follow a dismissal route for misconduct.
We suggest you contact your local CCMA immediately for help.
You are also welcome to book a paid appointment with our offices. We can be reached at: [e-mail].
Regards,
Aslam Moolla
Attorney

[@siphomathenjwa2611]

Hi can I book a appointment

[@nomdenimofana1647]

Good day Aslam, is it lawful for the employer (CEO) to be a chairperson at a disciplinary hearing? Surely he will be biased and protect his company right?

[@legalleaderssouthafricanla7309]

Dear Nomdeni
You raise a very valid point.
You have every right to object to a chairperson at an internal disciplinary hearing if you believe that person has the opportunity to be biased against you.
If your objection is not recognized at the internal hearing, you can then take the case to the CCMA for a new hearing.
All the best!
Legal Leaders
www.legal-leaders.co.za

[@chandregabanamoets156]

Hi Aslam what if the employers union sits in as chairperson?

[@legalleaderssouthafricanla7309]

@@chandregabanamoets156
Hello Chandre
Whilst that is not illegal in terms of the Labour Relations Act, if you can prove that the chairperson refused to take into account your evidence, then you can raise an objection to that chairperson.
Look at the behaviour of the chairperson towards you vs the opponent. Is it honestly fair? Are they considering your evidence?
For particular help on your case, you are also welcome to book an appointment with our office.
We can be reached at: [e-mail]
Good luck and remember to be confident!