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

This is part 2 of a 3 part interview shot with one our clients, who experienced an extreme case of employer bad behaviour. His matter occurred in August 2017 to February 2018.
This video explains how to contact witnesses and get information that you need to win your disciplinary hearing / CCMA case. Unfair dismissal and a biased chairperson is unfortunately too common an occurrence in South Africa. The charges against you should be specific, relevant and clearly explained to you so that you can defend yourself at the internal disciplinary hearing.
According to South African Law, the employer must show that the trust relationship is broken down for a dismissal to be seen as fair.
How much of time should be provided to prepare for an internal disciplinary hearing in South Africa?
Generally employees get up to 48 hours to prepare for a workplace disciplinary hearing.
How to get evidence for your case?
It is important to contact the employer first if you want to get access to documents or witnesses that you will need to present your case.
Link to video 1 of this interview: • [L120] UNFAIR EMPLOYER...
Link to video 3 of this interview: • [L137] UNETHICAL EMPLO...
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== 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
01:02 Time period to prepare for a disciplinary hearing
01:42 How to deal with a biased chairperson at internal hearing
02:10 Vague disciplinary charges against you
02:45 Breach of employment trust relationship as a charge
03:30 Your Labour Law right to be informed of charges against you
04:35 Time period to prepare for disciplinary hearing
04:50 How to gather evidence for your disciplinary hearing
05:07 Contacting witnesses for your case
07:16 Are you allowed to record your disciplinary hearing?
07:30 Using your evidence at the CCMA for unfair dismissal Hw
08:10 Summary of key points from video
About Aslam Moolla:
Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Family and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu Natal. His Law Office is in Morningside, Durban and focuses on legal education through social media.
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 #illegalsuspension

[@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

[@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!