[L136]PREPARING YOUR DEFENSE | DISCIPLINARY HEARING | SOUTH AFRICAN LABOUR LAWYER

This video explains how you should prepare for your workplace disciplinary hearing, and includes a simple approach to adopt to logically structure your defence. It discusses the correct procedure to use in order to contact witnesses, as well as possible sources of evidence you can use to prove your innocence.
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=== 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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=== TIME STAMPS===
00:00 Intro
00:55 Preparation: Center yourself and be objective
02:19 Planning your strategy.
02:50 An example
03:25 Obtaining Evidence & Contacting Witnesses
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=== RESOURCES CITED IN THIS VIDEO===
Labour Relations Act - South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#disciplinaryhearing #labourlawyer #ccma #unfairdismissal
If you found this video helpful, please make sure to give it a thumbs up and subscribe

[@malepelimalataliana8506]

This is so helpful. I'm going through this

[@legalleaderssouthafricanla7309]

Hello Malepeli
You welcome! Glad you find it useful.
Regards,
Aslam Moolla
Legal Leaders

[@malepelimalataliana8506]

@@legalleaderssouthafricanla7309 should I need to go to CCMA I'll definitely contact your office.

[@legalleaderssouthafricanla7309]

@@malepelimalataliana8506 No worries. Thank you

[@yvettebernard4112]

This is so helpful sir..thank you for sharing.

[@legalleaderssouthafricanla7309]

@@yvettebernard4112
Hello Yvette
Thank you for the positive feedback.
Please contact us on [e-mail] to discuss your case with us
Speak to you soon!
Aslam Moolla
Attorney

[@claricevos4073]

What do you if you have worked for a place and find out that they have not registered you for UIF?

[@sarasara-yo9rf]

HR is not going to help with getting a witness from the company. They will even say not to call them anymore, so i called ex-employee myself and got texts from them for my appeal and I didnt know that i was not supposed to do that! what should i do now?

[@BJackson.]

Im going through this,, im confused.

[@legalleaderssouthafricanla7309]

Hello Brian
We have a variety of youtube videos on our channel that discuss disciplinary hearing and preparing for a CCMA case.
This can be for workplace misconduct or filling in a grievance or even unfair labour practices.

[@mercygrace9314]

hii ..i hope you answer this ..I have a disciplinary hearing tomorrow..I am being accused of disobeying a order from my supervisor..I work at a big factory but for a smaller contractor company doing maintenance for that factory and at that factory we had permission to drive inside the factory and park our cars at our workplace within that factory..My supervisor allowed us to drive inside and some of us even got papers from him and signed by him saying that he gives us permission to drive inside..A few days ago he came out saying that we're not allowed to drive inside any longer ..But I was seeing that some people that the same rules had to apply for were still parking inside,so I assumed we were allowed to park inside the facility again so I did..Now i am being accused of disobeying a order

[@legalleaderssouthafricanla7309]

Hello Mercy
The quickest way to get hold of us is via our office phone [phone]
How did the hearing go?

[@somethingspecial-nh6mo]

Hi Aslam Do I have the right to appeal my Warning that was given to me 3 months back which I personally found after watching your video is was unfair upon me signing those warnings thnx

[@zanelowe2642]

Good day
As per labour act law..do I have the right to view the evidence pack ? And what happens if the employer does want to disclose the evidence pack?

[@legalleaderssouthafricanla7309]

Hello Mfundo. Yes you do have the right to view the evidence pack and cross examine witnesses.
This is in terms of the Procedural Fairness Requirements in terms of the Labour Relations Act

[@MrAnslin1]

Hi Aslam, can an accused request the evidence pack a few days before hearing to effectively prepare? Is there a prescribed minimum time of Notice of Hearing? Is in fact fair procedure to issue a notice less than 24 hours before Hearing?

[@GentleMusic123]

Hi Aslam I was caught sleeping on duty however I explained to my employee that I blacked on due to medication. I did mention to them that I have personal issues and was going thru alot of stress, anxiety and terrible headaches. I even got a letter from my local GP who recommended that I visit a phscologist. They then slapped me with a final written warning then said I can use the wellness Centre etc which is available for work. I feel so angry cause I have been in the business for the last six years and they slapped me with this warning. I have an appeal letter to appeal the warning. Please can you advise me and guide me on how to write this letter.

[@legalleaderssouthafricanla7309]

Hello Keegan
This seems like an unfair labour practice because it is a harsh sanction.
Please contact us to book an appointment
[e-mail]
or 031 942 8863

[@boneswandlangisa1495]

Hi Aslam I went to deciplinary hearing on Monday and I didn't get results until today on Wednesday, so what must I do, I must call them or how long must I waiting for there results?

[@legalleaderssouthafricanla7309]

Hi Boneswa
Why dont you give them a call? There is no set time period for them to respond to a Disciplinary hearing.
But you do have 30 days to refer your case for unfair dismissal to the CCMA.
If you need help with that please get in touch with us
Cheers
Aslam

[@lesibalesleymasenya6466]

Hi Aslam, can the company suspend me 3 days after I have handed my resignation and serving my notice?

[@legalleaderssouthafricanla7309]

Hi Lesiba,
Thank you for your question.
An employee remains in the employment relationship whilst serving their notice period, therefore disciplinary action can still be taken against them during this period (even though they have already resigned).

[@polemeonsalausi9146]

i need your help

[@legalleaderssouthafricanla7309]

HI Polemeons- Kindly contact us with further information, our contact details are above

[@leboganghange5240]

​@@legalleaderssouthafricanla7309 please help ive sent my appeal on the 15th of March HR has not responded to me what do I do