A very good day to you and your Committee Sir. Yes Sir I think I am ready to give my side of the story pertaining to this case,
A very warm welcome to you again today to the final hearing for Mr. Mivuyo who I hope is ready to give his side of the story today.
Now before we can proceed on to the disciplinary sanction, i would like to know if the accused will have anything to say before we continue?
Thank you Mr. Chair for giving me this opportunity to say something before you can give your judgment. The charges against me are true but I did what I did because I had no choice. Before the incident, I received from that my child was sick and no one could take her to the hospital but me. After I heard that I panicked and I took the decision to take the company car without thinking because all I wanted was to save my child. I would love to let the management know that stealing was never my intentions.
Thank you for sharing that with us Mr. Mivuyo, now I would like us to take a short break while we investigate if the story you just told us is true. I am sure you don't mind
Not at all Sir.
The final day of the hearing arrived and the employee(accused) seemed very anxious to hear what will be his sanction for his transgression
Welcome back. After a thorough investigation by your supervisor, the story that was present by the employer was proven to be true.
The audi alteram parten principle was applied and the employee was an accused in the case was granted an opportunity to present his side of the story on the allegations against him.
After considering both the evidence that was presented by the complainants and the accused side of the story, we have reached a sanction to the transgression
Before the judgment could be made, a thorough investigation on the story that was presented if it was true
However, if ever you want to make an appeal concerning your sanction, you are more than welcome to do so with your respective representative
after the employee gave his version of the story, the final decision had to be delayed because the supervisor first wanted to do some investigations to find if the story was true
However, that does not change the fact that the accused was in breach of contract which means you have broken the policies and rules of the company and that is why me and the committee have reached the agreement we concluded in
A sanction was given to the accused for the transgression he committed
According to S(187) & S(188) of the LRA, misconduct is a dismissable offence. We have now agreed to terminate the accused employment contract with immediate effect.
after being sanctioned, the employee has the right to appeal through a grievance process if ever the accused feels that the sanction was too harsh