Choosing a Chairperson for a Disciplinary Enquiry - internal or external?

There are two schools of thought of whether or not the Chairperson for a Disciplinary Enquiry should be appointed from inside the company or outside.


An internal Chairperson should have a good day to day knowledge of the policies and procedures of the company and be in a supervisory or management position. 


An external Chairperson may not have a good day to day knowledge of the policies and procedures of the company. But this however may be overcome by obtaining a copy of the company's policies and procedures. The external Chairperson may also communicate with the person who is responsible for the Human Resources role within the company to find out what the company practices are. Over time, if the same external Chairperson is used, they would gain a more in depth understanding of the company and it operations, whilst maintaining their objectivity. 


Both the internal and external Chairperson should have had training or appropriate experience, in handling misconduct, and sufficient experience in supervising and disciplining staff. Ideally the Chairperson would have a proven ability to be objective and not be emotionally swayed to misconduct. 


Whether an internal or external Chairperson is appointed they should be unbiased and have no prior or very minimal knowledge of the situation and the evidence, that they are going to make a recommendation on. 


Sadly, what can happen with an internal Chairperson, is they have too much prior knowledge of the incident and  may become subjective and be emotionally biased toward or against the employee who has misbehaved. They may feel this way because they are swayed by an understanding of the company and how it and possibly other employees have been affected by the misconduct.


Whereas, an external Chairperson is usually not so closely connected to the company nor the employee and is therefore more objective. The Chairperson should ensure that he or she complies with a fair procedure and the reasons for the recommended sanction are substantive. It would be important to the external Chairperson to maintain their integrity in providing a recommendation of sanction as this may very well be tested at the CCMA, Bargaining Council or the Labour Court.


It should also be remembered that the company makes the final decision whether or not to implement the recommendation of sanction from the external Chairperson. The company reserves the right to manage their staff and the business and make decisions. Accordingly a  Chairperson may recommend dismissal, but however, the company may choose to rather give a Final Written Warning as the sanction, or they may also decide on dismissal.


I believe that if the above principles are applied and the company does not have a suitable manager to Chair a Disciplinary Enquiry then it is in the company's interests to appoint a suitable external Chairperson.

The Value of Carrying Out A Human Resources Audit (Assessment)

Employment law is an ever-changing field. Companies policies and procedures must change with the laws if they hope to avoid litigation. Employers are aware that one of the best ways to avoid employee lawsuits is to have a comprehensive policy manual, and that rules and procedures are effectively communicated to all staff. That’s good advice, but it’s not enough.

Companies must regularly conduct an employment law / human resources audit to make sure that their policies and procedures reflect changes in employment laws.

Carrying out a Human Resources Audit (Assessment) would assist in determining whether appropriate policies and procedures (P&P)are in place.It is essential to note that all policies and procedures should be effectively communicated to all employees and that the practice, and enforcement, of the company’s policies and procedures is consistent.

It is important that the individuals who are responsible for both communication and enforcement  of these P&P’s  are kept up to date with legislation and receive the appropriate training for the enforcement of these.

Most labour related lawsuits can be traced to four distinct stages of the employment relationship: hiring, employee evaluation, employee discipline or termination, and post-employment. Therefore, a Human Resources Audit Checklist should target these areas. 

Rowing, a Unique & Fun Way to 'Build Team'

Have you ever thought of rowing as way to build a more cohesive team. It is unique, fun and great way to burn some calories and learn a new skill.
Go to .www.oarsomeoutcomes.co.za and see how this unique experience can used to communicate your business strategy as well as build relationships with managers and their staff.
I attended the launch of this 'oarsome' experience and had an amazing morning, meeting people who I have never met before and developing a team spirit with another 7 unique individuals through learning to row a 'skull'.
The facilitator of this great experience, Hilary Abraham, is an amazing person as she started the organisation in the hope of developing enough business to contribute to the funding of the coaching she offers to disabled individuals through the rowing club, based at Albert Falls Dam. Most of her weekends are spent coaching blind people, children included, in learning to row!! Amazing! Worthy of support!