Hr Absence Affects Fairness

Thank you for providing more details. It seems like there are concerns regarding procedural fairness in your hearings.
To better assist you, could you clarify whether these hearings are internal disciplinary hearings at your workplace or part of a legal process in a formal court setting?

It sounds like you're dealing with internal disciplinary hearings at your workplace in Gauteng. Here's some general information that might help:
- **Procedural Fairness:** Ensure that the process is fair, with clear communication of charges, an unbiased panel, and the opportunity to present your case.
- **Representation:** You have the right to representation or support during the hearings.
- **Appeals:** If you believe the process was unfair, check your company's policy on appealing decisions.
Have you been provided with the company's disciplinary procedure or policy?

It could be beneficial to mention the absence of the HR representative during the first hearing in your defense at arbitration. It may demonstrate procedural unfairness or bias in the process.
Would you like more information on how to present this point effectively?

Certainly! Here are some points you can use to effectively present your defense at arbitration:
- **Highlight Absence of HR Representative:** Emphasize the procedural unfairness due to the HR representative's absence during the first hearing.
- **Procedural Fairness:** Argue that the process lacked fairness and transparency.
- **Bias and Cross-Examination:** Point out any bias during cross-examination by the so-called observer.
Would you like tips on gathering evidence or any other specific information?

Thank you for providing detailed information. To address your question:
- **Recording Intimidation:** Yes, any form of intimidation should be recorded in the minutes by the chairman. This ensures transparency and helps maintain an accurate record of the proceedings.
Would you like more guidance on documenting this or any other specific information?

Certainly! Here are some tips on documenting intimidation during your internal disciplinary hearings:
- **Detailed Notes:** Keep detailed notes of any incidents of intimidation, including date, time, and specific actions or words used.
- **Witness Statements:** If possible, obtain statements from witnesses who observed the intimidation.
- **Request Minutes:** Ensure that the minutes of the hearings accurately reflect the incidents, and request amendments if they do not.
- **Formal Complaint:** Consider lodging a formal complaint with your HR department or a higher authority within your company.
Would you like more information on how to lodge a formal complaint or any other specific guidance?

It's important to ensure that the minutes accurately reflect all events and incidents, including any intimidation. Here are steps you can take:
- **Request Amendments:** Formally request that the minutes be amended to include the incidents of intimidation.
- **Submit Evidence:** Provide any detailed notes or witness statements you have as supporting evidence.
Would you like more information on how to formally request these amendments?

Thank you for sharing that information. In South Africa, the use of recordings without the other party's consent can be complex. Here are some points to consider:
- **Admissibility**: The recording might not be admissible in formal proceedings if obtained without consent.
- **Internal Use**: It may still be useful for internal negotiations or to support your claims informally.
Would you like more information on the legal implications of using such a recording?

Given your situation, it is crucial to understand the implications of using the recording. Here are some key points:
- **South African Law**: Under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA), recording private conversations without consent is generally prohibited.
- **Internal Proceedings**: If not mentioned by the chairman, the recording's admissibility in internal hearings may be influenced by company policy and procedural fairness.
Would you like more guidance on your next steps or additional information on handling this recording?

To proceed effectively, consider these steps regarding the recording and your internal disciplinary hearings:
- **Review Company Policy**: Understand your company's stance on recordings in disciplinary hearings.
- **Consult Legal Advice**: Seek advice from a legal professional on the admissibility and potential use of the recording.
- **Use Informally**: Use the recording to support your claims in negotiations or discussions with HR, while being cautious of legal implications.
Would you like more detailed guidance on consulting legal professionals or any other aspect of your case?

Thank you for providing more context. It seems the company has ignored your request for policies, procedures, and your contract. Here’s what you can do:
- **Formal Request:** Submit a formal written request for these documents.
- **Labour Law:** In South Africa, employees have a right to access their employment records.
- **CCMA:** Consider contacting the Commission for Conciliation, Mediation and Arbitration (CCMA) if your requests continue to be ignored.
Would you like more information on how to formally request these documents or proceed with CCMA?

It is concerning that your requests have been ignored. Here are some steps you can take:
- **Formal Written Request:** Submit a written request again, preferably via email, to have a record.
- **Escalate Internally:** Escalate the issue to a higher authority within your company.
- **CCMA:** File a complaint with the Commission for Conciliation, Mediation and Arbitration (CCMA).
Would you like more information on how to file a complaint with the CCMA?

Yes, it would be beneficial to mention all these points at arbitration:
- **Absence of HR Representative:** Highlight the procedural unfairness due to their absence at the first hearing.
- **Intimidation:** Discuss the incidents of intimidation and request that they be recorded.
- **Lack of Documentation:** Emphasize that the company ignored your requests for policies, procedures, and your contract.
Would you like more tips on effectively presenting these points?