[L116] WHAT TO EXPECT IN DISCIPLINARY HEARINGS | EMPLOYEE RIGHTS - SA LAW - UNFAIR DISMISSAL

Legal Leaders: South African Labour Law
Legal Leaders: South African Labour Law
4.3 هزار بار بازدید - 4 سال پیش - A disciplinary hearing in South
A disciplinary hearing in South Africa has to comply with the Labour Relations Act 66 of 1995. This video is a guide to disciplinary hearings and includes employee rights.  You can then approach the CCMA for an unfair dismissal case.


The hearing must recorded and minutes must be kept of what happened.
At the hearing there following persons will be present:
• The Chairman
• Complainant.
• The respondent
• Representative.
• interpreter (only if required).


What is the process of the disciplinary hearing?
The chairperson will introduce himself and introduce the parties.
Each party makes an opening statement. Then evidence is led. After that is cross-examination. Closing statements is the final step in the hearing process.


What is the important South African law when it comes to disciplinary hearings?
According to the Labour Relations Act, the disciplinary hearing must be for a fair reason and for a fair procedure.
These are covered in detail in this video.


What happens after?
You can refer an unfair dismissal case to the CCMA via their official government website.


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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal.  Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

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Timestamps:
00:00 Disciplinary Hearing Process in South Africa
00:38 Two stages for every disciplinary hearing
00:50 What are the charges against you?  
01:10 Substantive Fairness according to Law
01:50 Five requirements for Procedural Fairness  
02:10 Requirement 1: Notification of unfair dismissal charge  
02:18 Requirement 2: Reasonable time to prepare  
02:30: Requirement 3: Opportunity to be represented  
02:41 Requirement 4: Opportunity to state your case  
02.52 Requirement 5: Reason for your dismissal  
03:10 CCMA process to register unfair dismissal case  


Disclaimer:
This video is for general informational purposes only. It does not create an attorney-client relationship between Aslam Moolla and videos. You should consult an Attorney to get specific legal advice to your specific situation.


Resources:
Labour Relations Act 66 of 1995


Our goal is to help you better understand your rights. You welcome to contact us by clicking the link above.




#ccmalawyer #unfairdismissal #disciplinaryhearing
4 سال پیش در تاریخ 1399/08/20 منتشر شده است.
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