Tutorial 11 and 12
Chapter 10: Disciplinary Systems and Termination of Service
1. Explain the THREE (3) main elements of a proper domestic inquiry.
a) Adequate notice must be given to the accused employee
It should be held as soon as possible after the alleged act of misconduct, but only after a thorough investigation has been conducted. An absolute minimum time would be 48 hours.
The employer should be prepared for the inquiry:
All the facts of the matter should have been carefully collected Witness will have been identified and preliminary statements will have been taken down.
b) Availability of witness and evidence
For an inquiry to be fair, the worker charged with misconduct must be given the opportunity to confront any witnesses and question them. Any documentary evidence should be shown to the worker.
A written record must be kept of the proceedings which should be signed by the worker as well as the officer in-charge of the inquiry.
c) Impartially of the inquiry panel
The inquiry panel are the “judges” in the domestic inquiry. Most panels consist of at least three members who should be carefully chosen. They must be unbiased and impartial.
Must not be the immediate superiors of the accused worker.
The panel is responsible for hearing all the evidence and making a decision as to whether the worker is guilty of the charges against him or not. They will present their findings in a report to the employer.
2. Discuss any FIVE (5) causes of termination either initiated by the employer or by the employee.
a) Employee resignation
An employee has to right to voluntarily terminate his service with the organisation for a variety of reasons including: Personal reasons such as emigrating, returning to full-time studies, or staying at home to look after dependants; Intention to become self-employed, to start his or her own business; or Desire to join another organisation
b) On the expiration of the period fixed for...
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