Lesson 1, Topic 1
In Progress

3.17 The fact that relevant appeals are lodged in terms of the disciplinary procedure is demonstrated.

ryanrori January 12, 2021

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THE APPEALS PROCEDURE

PREPARATION

Employees may appeal because they feel that the action is unfair, there is new evidence to consider, or they feel that the procedure was not followed adequately.

The employee should lodge an appeal within a specified time-limit (ideally 10 working days), stating their reasons.

If the employee decides to appeal, it should be dealt with as soon as possible, not later than 20 working days after receiving the appeal request.

Inform the employee in writing of the time, date and place, and that they can be accompanied at the appeal hearing.

An Appeals Panel should be appointed to hear the hearing – ideally 3 members of the Board or Management Committee who were not involved in the disciplinary hearing, one of whom will act as the Panel’s Chair.

Arrange for a note-taker not involved in the case, to be present.

The Appeals Panel can uphold the original decision on disciplinary action or overturn it if it becomes apparent it was not reasonable or if the disciplinary procedure was not followed adequately.

CONDUCT OF APPEALS HEARING

The Appeals Panel should

introduce all present and explain their role

read out the employee’s written reason for lodging an appeal

explain the purpose of the hearing and how it will be conducted

ask the employee why they are appealing

consider any new evidence presented allowing the employee or their companion to comment on it

allow the employee to call any witnesses and provide opportunities for all parties to question them

allow the management representative the opportunity to ask questions of the employee and put the case for disciplinary action

ask questions of the employee and management representative to clarify

invite the employee and the management representative to each sum up and then call an adjournment to consider the decision.

inform the employee in writing of the results of the appeal and reasons for the decision, and make it clear that the decision of the Appeals Panel is final.