When charging employees, it’s crucial for employers to clearly communicate allegations and provide adequate information for preparation. The case of Murray and Roberts Cementation (Pty) Ltd v Association of Mine Workers and Construction Union obo Dube and Others (JA96 / 2022) highlights the importance of this practice.
In this case, an employee was dismissed for poor work attendance, including unauthorised absences and misuse of sick leave. However, during the hearing, the employer introduced evidence of additional absences not listed in the original charge sheet. The dismissal was based on dates not mentioned in the notice of disciplinary hearing, raising concerns about the fairness of the process.
Our courts emphasise that employers must clearly outline all charges in the charge sheet. Employees should be informed of the specific allegations to prepare adequately. Introducing new allegations without allowing the employee additional preparation time is deemed unfair, as demonstrated by the retrospective reinstatement of the employee in this case.
If new evidence arises, amend the charge sheet and give the employee a chance to respond. If they agree, the hearing can proceed with the updated charges. If not, postpone the hearing to allow extra time for preparation.
Discrepancies are not uncommon. Address them promptly by informing the employee and seeking their consent for any amendments. A proper investigation into misconduct ensures that charges are accurate. Once the investigation is complete, charges can be correctly formulated, helping to avoid potential delays and ensuring fairness in the disciplinary process.
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Author:
Ivan Husselman
Labour Senior Legal Advisor
Qualification: B.Com Law