ASSESSMENT POLICY AND PRACTICE Step 1 of 3 33% Name* First Last 1. An employee should be provided with at least 24 hours’ notice to attend a disciplinary hearing.* True False 2. At a disciplinary hearing the chairperson may:* A) Pose questions to any witness B) Pose questions to the employee (accused) C) Pose questions to the initiator D) None of the above 3. An employee is automatically allowed to be legally represented at a disciplinary hearing.* True False 4. A witness who testifies during a disciplinary hearing:* A) May not be a member of management where the witness is called by the initiator B) May also have a representative at the hearing to represent them C) May be cross-examined by the opposing party, or the opposing party’s representative (i.e. either the employee or the initiator, depending on who called the witness) D) Must be an employee of the company 5. The chairperson must provide the parties with an opportunity to provide arguments in mitigation and aggravation:* A) Only if the employee is found guilty of the offence they are charged with B) Under all circumstances, irrespective of the finding of guilt C) Only where the parties request the chairperson to listen to these arguments 6. The chairperson must consider the following factors in determining the employee’s guilt:* A) Whether the rule the employee allegedly transgressed exists in the company, which rule must be in writing B) Whether the rule the employee allegedly transgressed exists in the company, whether in writing or otherwise C) Whether the employee was aware of the rule they allegedly transgressed D) Whether the employee broke the rule they allegedly transgressed intentionally E) Whether the employee broke the rule they allegedly transgressed, either intentionally or negligently F) Whether the rule is valid or lawful G) Whether the company has consistently applied the rule in respect of the employee alone H) Whether the company has consistently applied the rule to all employees I) Whether the disciplinary hearing has been conducted in a fair manner 7. The chairperson must, amongst others, consider the following factors in reaching a decision as to an appropriate sanction:* A) The age of the employee B) The employee's gender C) The relationship between the chairperson and the employee D) The employee’s years of service E) The employee’s disciplinary record F) The company’s disciplinary code and policy and the sanctions recommended therein 8. The impact the employee’s conduct had on the trust relationship between the employee and the employer is not important in reaching a decision regarding guilt.* True False 9. The employee has a right to appeal to the CCMA against either the finding of guilty, or the sanction imposed by the chairperson, only when:* A) The chairperson decides that the employee has such a right B) The company’s disciplinary code and policy provides for such a right C) Under all circumstances, since the Labour Relations Act provides for such a right 10. A formal disciplinary hearing is always necessary when an employee has transgressed the employer’s disciplinary rules.* True False 11. Where criminal charges are pending against an employee, the disciplinary hearing should be postponed until such time as the criminal proceedings have been finalised.* True False 12. Where an employee objects to the chairperson, claiming that the chairperson will not be impartial, the chairperson is automatically obligated to recuse themself as chairperson* True False 13. At the commencement of the disciplinary hearing, the chairperson must, amongst others:* A) Introduce themself to the parties B) Explain the hearing procedures C) Ask the employee to plead D) Call all the witnesses who will testify at the hearing at the same time, so as to save time 14. The chairperson is not allowed to ask any questions to any individual during a disciplinary hearing.* True False 15. The chairperson needs to determine guilt:* True False 16. Where the accused employee pleads guilty:* A) The chairperson is obligated to immediately listen to arguments in aggravation and mitigation in respect of sanction B) The chairperson is obligated to still listen to all the evidence (i.e. both the employer’s and the employee’s respective cases) before making a finding on sanction C) The chairperson has a discretion in respect of following either (a) or (b) above 17. Even though the employee has been given at least 48 hours’ notice of the disciplinary hearing, the chairperson should still postpone the hearing under the following circumstances:* A) Under no circumstances B) The notice of the hearing was issued to the employee on a Friday, the hearing was scheduled to take place on the Monday and the employee requests postponement C) The employee argues that 48 hours are simply not enough time to properly prepare their case, without providing specific reasons for this argument 18. A disciplinary hearing should be convened:* A) In all cases where employees transgress company rules, irrespective of the seriousness of their transgressions B) Where dismissal might be a possibility C) Only where it is certain that dismissal will be the sanction D) Where the transgression is not that serious, but there is a real dispute of facts between the employee and the employer concerning the alleged transgression 19. If a chairperson at a disciplinary hearing is of the opinion that an incorrect charge has been leveled against the employee, the chairperson is entitled to unilaterally amend the charge, so as to reflect the correct charge.* True False 20. Dismissal as a sanction may be instituted:* A) Only where the employee is already on a final written warning for the same, or similar, misconduct B) Where the employee’s conduct amounts to a serious transgression C) Where the trust relationship has been damaged, although not irrevocably so 21. The sanctions proposed in an employer’s disciplinary code and policy must be adhered to under all circumstances.* True False 22. Which of the following factors are important in conducting a fair disciplinary hearing:* A) The employee must be issued with a notice to attend the disciplinary hearing, in which the charges against them have been explained B) The employee must be informed of their right to be represented at the disciplinary hearing by an employee of the company C) The employee must be given an opportunity at the hearing to call witnesses to testify in their defense D) The employee must be informed that they are only entitled to call witnesses from within the company (i.e. company employees) to testify E) The employee must be given an opportunity to cross-examine any witnesses called by the initiator 23. It is the duty of the chairperson, and not the initiator, to ensure that a proper investigation was conducted prior to the hearing.* True False 24. A dismissal with notice cannot constitute an unfair dismissal.* True False 25. In dismissal disputes before the CCMA, the following onus is relevant:* A) The onus is on the employee to prove that dismissal has taken place, after which the employer must prove that the dismissal was fair B) The onus is on the employer to prove that dismissal has taken place and that the dismissal was fair C) The onus is on the employee to prove that dismissal has taken place and that the dismissal was unfair 26. There are three grounds on which an employee can be dismissed, namely:*- misconduct - operational reasons (retrenchment, restructuring, etc.) - incapacity (ill health, poor performance & incompatibility) True False 27. What is meant by a “balance of probability”?* A) The evidence must be beyond reasonable doubt B) The evidence for a guilty verdict must be stronger than the evidence for a not-guilty verdict C) The employer only needs to have a suspicion that the accused has done something wrong 28. Substantive fairness comprises:* A) A valid reason for being found guilty of an offence and a fair sanction being applied B) A fair procedure prior to dismissal 29. At a disciplinary hearing an employee may call witnesses from within the Company only.* True False 30. A final written warning usually follows the second warning in the disciplinary process, or if the offence is serious enough to justify a final warning without being preceded by a written or verbal warning.* True False 31. Demotion as a sanction measure can serve AS AN ALTERNATIVE TO dismissal under the following circumstances:* A) be imposed with the consent of the employee, or B) be imposed unilaterally by the chairperson 32. Suspension without pay as a sanction measure offers greater flexibility when:*- a warning is too "light" - dismissal is too "harsh", and - demotion would be impractical True False 33. Suspension without pay and without the employee's agreement is regarded as a breach of the employee’s service contract.* True False 34. If there appears to have been a serious irregularity (theft/unauthorised removal of company property):*the employee may be suspended with pay if there is a risk and the employee's input regarding the intended suspension has been obtained True False 35. In all cases only current warnings must be considered when a disciplinary sanction is decided on.* True False 36. As regards the conduct of the employee outside work or in private time, the employer's jurisdiction applies only if one or more of the aspects mentioned below, are present. Identify these aspects.* A) the reputation of the employee must be affected by the action B) the action must have the potential to damage or destroy the relationship between the employer and the employee C) where the employee occupies a special position of trust D) the action simply clashes with the personal beliefs of the immediate superior 37. If an employee committed theft from his employer and is found guilty of this in a criminal court, they need not be subjected to a hearing by the employer, since the court's procedures are correct and can therefore be deemed by the employer to replace his own internal disciplinary hearing.* True False 38. If an employee is found guilty and sentenced to imprisonment:* A) the employer must keep the employee's post open indefinitely and get part-time help in the meantime B) the jail term is important in determining the relevant procedure C) the employer can terminate the employer's services following the correct procedure 39. During a disciplinary hearing:* A) the witnesses must be heard separately from each other B) the accused may cross-examine the witnesses against him C) the accused and their representative may cross-examine the witnesses 40. If an employee, after being given proper written notice of the date, time and place of the hearing, does not arrive, the following action is appropriate:* A) proceed with the hearing (as long as their representative is there) B) postpone the hearing and reformulate the charge, since they are now also guilty of failure to comply with a reasonable instruction C) proceed with the hearing, even if their representative is not there D) rather postpone the hearing, particularly if the reason for the absence is unknown 41. When deciding on punishment/sanction:* A) only the evidence which was relevant up to and including conviction, must be taken into account B) the impact of the offence on the employer's interests must be taken into account C) the HR/IR department must be consulted before the decision is made D) inter alia the employee's recent warnings (that is, those still in force) must be taken into account 42. An employer can terminate a fixed term contract of employment for misconduct, without having followed any type of process before terminating the contract.* True False 43. During a disciplinary hearing, an employee must prove their innocence to the chairperson.* True False 44. If a transgression is not serious enough to warrant dismissal, the employer can simply issue the employee with a written or final written warning, without following any kind of process.* True False 45. An employee who has been found guilty of misconduct does not have a right to appeal internally (within the company) against the outcome of the process, unless such a right is provided for in the Company’s Disciplinary Code.* True False 46. An employee hands in their resignation because the employer has served them with a notice to attend a disciplinary hearing/enquiry. Does this constitute a dismissal?* A) Yes B) No 47. An employee who has been absent without leave for two weeks is told upon their return to work that they have "dismissed themself". Does this constitute a dismissal?* A) Yes B) No 48. A woman who was absent from work for the statutory period of maternity leave is told upon her return to work that her job no longer exists due to a restructuring exercise that took place in her absence. Does this constitute a dismissal?* A) Yes B) No 49. John arrives at work under the influence of alcohol. He is an alcoholic. This constitutes:* A) Incapacity B) Misconduct 50. Despite having received training, Sarah struggles to master a new computer programme. This constitutes:* A) Incapacity B) Misconduct 51. Alice who works in a team, is unable to co-operate with her team members because of a clash of personalities. The team feels she is disruptive and has a negative attitude. This constitutes:* A) Incapacity B) Misconduct 52. Franco's work performance starts to decline because he suffers from depression. This constitutes:* A) Incapacity B) Misconduct 53. John has a crush on one of his fellow employees, who declines his advances. He nevertheless persists in his pursuit of her. This constitutes:* A) Incapacity B) Misconduct
