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?
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: law@legal-leaders.co.za. Regards, Aslam Moolla Attorney
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?
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 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: law@legal-leaders.co.za Good luck and remember to be confident!
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