A staff member found guilty after a disciplinary hearing, has a right to appeal that decision. The appeal process works as follows:
- For level 1 and 2 offences: there is an internal appeal process
- For level 3 offences which result in dismissal, summary dismissal or suspension without pay: no internal appeal. The appeal process takes place at the CCMA. Please note that you only have 30 days from the date of your dismissal to file an appeal. Documentation can be downloaded from the Department of Labour website or collected at a local office.
Internal appeal process
The staff member has two working days, after receiving notification of the outcome of a disciplinary hearing, to appeal that decision.
Relevant extract from the disciplinary process document: Appeal Extract
An appeal can be made on the following grounds:
- Substantive fairness:
- the penalty was not appropriate to the charges
- the penalty was not consistent relative to other similar cases of discipline in the work area
- mitigating circumstances were not considered
- Procedural fairness:
- the staff member’s rights were not observed
- the disciplinary process was not followed
The staff member needs to make an appeal providing reasons for this. The appeal notification document needs to be completed: Notice to appeal the outcome of a disciplinary hearing
Last Modified :Mon, 29 Jul 2013 10:58:38 SAST