ISSUING A NOTICE TO ATTEND A DISCIPLINARY HEARING
- Business Sense
- Jun 19
- 3 min read
When an employer contemplates disciplinary action against an employee, issuing a formal “Notice to Attend Disciplinary Hearing” is a crucial initial step. This notice not only serves to inform the employee of the allegations made against them, but also to ensure that they are aware of their rights during the disciplinary process.
When should the notice be issued?
Generally, a minimum of 48 hours’ notice prior to a disciplinary hearing is deemed sufficient; however, the specific timeframe may vary depending on the unique circumstances of each situation. Consideration should be given to whether the employee can reasonably be expected to prepare within 48 hours, particularly if they are still actively working during this period, or if the notice is provided over a weekend – these factors could limit their access to pertinent documents or potential witnesses.
The formal Notice to Attend a Disciplinary Hearing should include the following key elements:
1. Clear Statement of Allegations: The allegations (charges) against the employee must be written in a simple manner that the employee can understand, specifying the when, where, who, and how so that the employee can identify the incident referred to and properly prepare a defence against the allegations.
2. Employee Rights, including but not limited to the rights to:
■ Attend the disciplinary hearing
■ Be represented or assisted by a colleague or trade union representative
■ An interpreter/translator, if required
■ Present their case and submit all relevant evidence
■ Call witnesses in support of their defence
■ Cross-examine any witnesses presented in support of the allegations
■ Access all documentation intended to be presented as evidence
3. Hearing Details: Date, time, and venue of the disciplinary hearing to ensure the accused is fully informed about when and where the hearing will take place.
4. Potential Consequences: A clear statement that the alleged misconduct may result in dismissal, thereby informing the employee that the matter is considered serious and could lead to termination of their employment if found guilty.
5. Consequences of Non- Attendance: Notification that failure or refusal to attend the hearing without providing an acceptable and legitimate reason may result in the hearing being conducted and finalised in the employee’s absence, and that such failure or refusal will be interpreted as a waiver of their right to participate in the inquiry.
6. Identification of Chairperson: Notification of the name and role (internal or external) of the chairperson presiding over the disciplinary hearing.
7. Date of Notice: Inclusion of the date the notice was issued to establish the timeframe between the alleged incident of misconduct and the commencement of disciplinary action by the employer.
8. Acknowledgement of Receipt: A section for the employee to acknowledge receipt of the notice, confirming they have been informed of the hearing and its details. Should the employee decline to sign the acknowledgement of receipt, it is imperative to have a witness present to attest to the delivery of the notice to the employee.The witness should then provide a signed confirmation letter affirming that the notice was presented to the employee.
In disciplinary proceedings, the precise articulation of charges is paramount in ensuring a fair and just process, and the disciplinary notice must provide sufficient detail to enable the employee to prepare a defence.
The chairperson should consider whether an objective observer would understand the alleged offense, and what its timing and specific nature are. A vague charge, such as “Gross Misconduct” without specifics is insufficient. If a charge lacks clarity or accuracy, the chairperson must solicit submissions from both parties to clarify the matter, without presenting their entire case. If the submissions reveal discrepancies with the original charge, the chairperson should postpone the hearing to allow for withdrawal, redrafting and re-issuing of the notice, with an additional 48 hours for the employee to prepare.
If the charge is factually incorrect (e.g., charging “gross insubordination” instead of “unauthorised absence”), the chairperson must again solicit submissions, then adjourn the hearing to allow for charge withdrawal and reissuing. The primary consideration is whether proceeding with the hearing would unfairly prejudice the accused.
Fairness must always be paramount. A fair disciplinary process cultivates trust between employees and management, enhances transparency, and demonstrates the organisation’s commitment to equitable practices and clear policies.
Providing an employee with proper notice is of the utmost importance – failure to do so can result in procedural unfairness, which may in turn expose the employer to potential legal claims.
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