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Navigating misconduct: a guide to disciplinary hearings, procedures, and remedies


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Navigating misconduct: a guide to disciplinary hearings, procedures, and remedies

Navigating misconduct: a guide to disciplinary hearings, procedures, and remedies

1st December 2023


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Workplace misconduct can have a detrimental impact on the overall dynamics and productivity of an organization. To address such issues, companies often conduct disciplinary hearings to investigate allegations of misconduct and take appropriate actions. In this article, we will explore what constitutes misconduct, the tests used to establish it, the conduct expected from a chairperson in a disciplinary hearing, and the available remedies for both the organization and the affected parties. 

Defining Misconduct  


Misconduct in the workplace generally refers to any inappropriate or unacceptable behaviour that violates company policies, ethical standards, or legal regulations. Common examples of misconduct include harassment, theft, fraud, dishonesty, insubordination, and discrimination. It is crucial for organizations to clearly outline in their policies what constitutes misconduct to provide employees with a clear understanding of expected behaviour. 

The Test for Misconduct 


Establishing misconduct often involves applying a standard test to determine whether the accused employee's actions breach established rules and regulations. The test typically consists in proving the following elements: 

Knowledge of Rules: The employer must demonstrate that the employee was aware of the rules and policies that were violated. This may include providing evidence that the employee received adequate training or had access to company guidelines. 

Breach of Rules: The employer needs to establish that the employee's actions indeed breached the established rules. This may involve presenting witness testimonies, documentation, or any other relevant evidence. 

Intent or Negligence: Depending on the nature of the misconduct, the employer may need to show that the employee's actions were intentional or, in some cases, a result of negligence. 

Conducting a Disciplinary Hearing 

The chairperson of a disciplinary hearing plays a pivotal role in ensuring a fair and objective process. Here are some key considerations for a chairperson during a disciplinary hearing: 

Impartiality: The chairperson should approach the hearing with impartiality, avoiding any preconceived notions about the accused employee. This involves considering only the evidence presented during the hearing and not allowing personal biases to influence the decision-making process. 

Adherence to Procedures: The chairperson must ensure that the disciplinary hearing follows established procedures outlined in the company's policies and relevant employment laws. This includes providing the accused employee with the opportunity to present their case, question witnesses, and respond to the allegations. 

Documentation: It is crucial to maintain detailed documentation of the hearing proceedings, including evidence presented, witness testimonies, and any decisions made. This documentation serves as a record of the process and can be crucial in the event of an appeal or legal challenge. 

Remedies for Misconduct 

Once misconduct has been established through a fair and thorough disciplinary process, organizations can implement various remedies. These may include: 

Verbal or Written Warning: For less severe cases, a verbal or written warning may be issued to the employee, outlining the misconduct and the consequences of repeated violations. 

Suspension: In more serious cases, a temporary suspension may be imposed, giving the organization time to conduct further investigations or allowing the employee to reflect on their behaviour. 

Termination: In cases of severe or repeated misconduct, termination of employment may be the appropriate remedy. This decision should be based on a careful consideration of the circumstances and adherence to employment laws. 

Training and Counseling: In some instances, organizations may opt for remedial measures, such as providing additional training or counselling to help the employee address the underlying issues contributing to their misconduct. 


Effectively addressing workplace misconduct requires a fair and transparent disciplinary process. The key is to establish a clear definition of misconduct, apply a standard test to determine its occurrence and conduct disciplinary hearings with integrity. A chairperson's conduct during these hearings is crucial in upholding the principles of fairness and ensuring that the appropriate remedies are applied. By following these guidelines, organizations can maintain a healthy work environment and address misconduct in a manner that is both just and constructive. 

Contact an Attorney at SchoemanLaw for assistance and all your legal needs. 


Written by Celesté Snyders, Attorney, SchoemanLaw Inc 



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