There is no rule which compels an employer to appoint an independent chairperson to adjudicate on a disciplinary hearing, a senior member of staff is competent to run such a process.  Employers however often decide to make use of a labour specialist as an independent chairperson in order to reduce its risk of losing unfair dismissal disputes which often follow a dismissal.

An independent chairperson should not have prior knowledge of the case and remain at all times unbiased and impartial.  The chairperson, after explaining the rules and procedures for the hearing will then allow the parties, starting with the Employer to call witnesses and give evidence.  Once a witness has given evidence, the Employee is invited to cross examine the witness. Upon conclusion of the Employer’s case, the Employee is invited to give testimony and call any witnesses who can similarly be cross examined by the Employer.

Upon deciding whether, on a balance of probability, the Employee is guilty or not, the Chairperson should, in coming to a conclusion on the recommended sanction take certain considerations into account.  These considerations include the Employee’s disciplinary record and personal circumstances which may call for mitigation of the recommendation.

Once the Chairperson has taken these considerations into account, he or she will provide a recommended sanction to the Employer.

With the above procedure being meticulously applied by a Chairperson, the risk of an adverse award resulting from a dismissal dispute is substantially diminished.