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.