Fair procedure

The question of what a fair procedure is differs in each case. The courts have given guidelines to what they consider is procedurally fair. The minimum requirements are:

  • The employee is told exactly what the shortcomings are.
  • The employee is given adequate warnings that the shortcomings must not continue and that dismissal will be considered if they do continue. Verbal and written warnings should be given.
  • The employee is to be given adequate opportunity to correct the shortcomings mentioned.
  • The employer is to provide adequate training where incompetence is suggested.
  • The employee is given a fair hearing when the misconduct or incompetence continues.
  • Employees are given the right to representation and time to arrange such representation as disciplinary meetings.
  • The employee is heard by an impartial person.
  • The employee is given the opportunity to respond and question statements and questions.
  • The employee is given assistance and sufficient time to correct the shortcomings complained of, whether they are influenced by domestic or work related pressures.
  • The right of appeal.

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