Course Feedback - Maserumule

Name*

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

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ASSESSMENT

POLICY AND PRACTICE

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