Zimpapers Logo

Labour Column Davies Ndumiso Sibanda
MANY employers and workers argue at disciplinary hearings on who should and who should not attend a disciplinary hearing and at times it ends up being the basis of a long legal battle between the parties before they look at the merits of a case.

A disciplinary hearing is made of three distinct parties and these are the disciplinary authority, the complainant and the defendant.

These three bodies have express and implied roles to play in any disciplinary hearing for it to be fair and cause no prejudice to any of the parties.

The origins of any disciplinary case are a complainant form raised by the complainant. The complainant is the owner of the case, he must attend the hearing in person and must submit his allegation to the disciplinary authority in the presence of the defendant and his representative if any. Where the complainant cannot present his case properly, the law allows him to be assisted by a representative of choice as guided by the particular code of conduct.

The other player in a disciplinary hearing is the defendant who has to listen to the allegations against him and present his defence if not guilty. This can be done personally or through a representative of choice as guided by the code of conduct. It is important for the defendant to attend and defend his defence and if the defendant does not attend, the hearing may proceed to his detriment. Once an employer has notified the defendant of the date, time and venue of the hearing and communication has been sent to the last known address of the employee or his representative, the employer has complied with the law.

The third and most important player in a disciplinary hearing is the disciplinary authority. Members of the disciplinary authority once appointed, cease to be either employer/employee representative for the duration of the hearing. They do not represent either the employer or employee, their job is to find the truth while ensuring procedural and substantive fairness.

In conclusion, the disciplinary process is not as simple as given here. Employers and employees need to be trained on how to perform their roles in a disciplinary hearing as guided by the code of conduct, labour laws of the country and common law.

• Davies Ndumiso Sibanda can be contacted on: Email: [email protected]

• Cellphone: 0772 375 235