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Mr. Curtis

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Submitted By Curtis2011
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6.4.7 Record of disciplinary enquiry

1. Present

Write down the name of all persons present during the hearing and explain the reason for their presence to the employee:

Chairperson

Translator

Employee

Employee’s representative

Complainant

Witnesses

2. Company’s witnesses

Call and lead the witnesses of the company. Minute the evidence given by the witnesses.
Witnesses called by the company are:

3. Cross-examination of company’s witnesses

Give the employee an opportunity to question the witnesses. The opportunity to put questions to the witnesses was given/not given. (If the employee questions any witnesses, minute the questions and answers.) If an opportunity to question was not given, explain why such opportunity was not given.

4. Employee’s witnesses

Inform the employee that he/she is entitled to call witnesses. The employee calls the following witnesses to give evidence on his/her behalf:

5. Cross-examining of employee’s witnesses

The company is granted an opportunity to question the witnesses. Minute questions and answers.

6. Argument by employee

Request the employee to give reasons why he/she should not be found guilty of the alleged offences. The arguments of the employee are the following:

7. Adjourn the hearing

Adjourn the hearing for an appropriate period. Explain before the adjournment that you want to consider whether the evidence given during the hearing convinced you that the employee committed the alleged offence.

8. Decision

Reconvene the hearing and inform the employee of the decision you came to as well as the reasons for your decision.

The decision is: Guilty Not guilty

Reasons for decision:

9. Sanctions imposed

Read the employee’s disciplinary record to him/her. Ask the employee to confirm the record. The employee confirmed/did not confirm the disciplinary record.

If the company wants to take any aggravating circumstances (such as the seriousness of the offence, the seniority of the employee, the interests of the company involved etc.) into consideration, the employee must be informed of such aggravating circumstances. The employee is informed of the following aggravating circumstances:

Explain to the employee that he/she has the opportunity to present evidence through witnesses or to present reasons regarding an appropriate penalty. If you are considering dismissal, request the employee to present specific reasons why the maximum penalty of dismissal should not be decided upon. The mitigating circumstances presented by the employee are:

If necessary, adjourn the hearing again to consider an appropriate penalty.
Reconvene the hearing and inform the employee of the penalty. The penalty decided upon is:

The chairperson should complete the following:

10. The following rights and principles were adhered to:

Checked

Charge(s) explained and understood

The right to answer to the charge(s)

The right to question witnesses

The right to call witnesses

The right to present argument

Previous record of the employee was taken into account

Disciplinary measures and future corrective behaviour were explained to the employee

Chairperson: ______________________________ Date: ________________

I, the undersigned employee, understand the offence of which I am accused, the decision of the disciplinary hearing and the penalty I received.

Accused employee: ________________________ Date: ________________

Representative: ___________________________ Date: ________________

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