If, after the Disciplinary Hearing, the employee is not happy with the outcome he/she may appeal.
If the Chair at the Disciplinary Hearing ruled that the Employee may Appeal. The Employee appeals in writing on the Appeal Form and states the grounds for his/her appeal.
- Limited Appeal or a written submission, is usually based on procedural mistakes by the Chair such as:
- Applying too harsh a sanction – Factor (A);
- Not hearing mitigating circumstances – Factor (A);
- Ignoring or misinterpreting evidence and bias – Factor (A);
- New evidence that justifies a Full Appeal – Factor (B);
- If both factors (A) and (B) are present, a new hearing may be justified under a different Chairman.
- A Full Appeal hearing shall shall be chaired by:
- Your Labour Consultant (recommended).
- Any other person from Management, other than the person who acted as Chairman at the Disciplinary Hearing.
- At the Appeal Hearing the Employee has the same rights as at the Disciplinary Hearing.
- A Limited Appeal (in writing only) may be considered by the Employer who can submit it to the chairman for his/her comment