Using a independent person is the correct way. Always ensure that the senior person if involved with the case, never do the hearing. IE: Supervisor, Manager,Foreman etc.
Ensure all procedures are followed to the point. The CCMA rule fast against you if there is any discrepency in followed procedures. ( Let me know, I have them somewhere on hard copy and will scan them if you do not have the standard procedure)
The Two charges are serious.
Insubordinate (Rebellious) behaviour. 1st Offense = Final Written Warning = 2nd offense = Dismissal
Insolence or Refusal to obey lawfully instructions or Insulting behaviour. 1st Offense = Final Warning. 2nd Offense = Dismissal
Refusal to work other than Procedural Strike. 1st Offense = Dismissal
I am not sure about the size of your company, but would suggest you nominate a person with a good general nature as the Appeal Chair person. This person can even override the MD of the company when he feel any disciplinary action was not fair. The person that received any disciplinary action against him, have the right to appeal against it to a higher authority in the company. (Normally keep the top management out of this as they might have vested interest in any action taken) The Appeal Chair person, then call for a new meeting and all parties involved in the original action must state their case and want transpired and why they decided on disciplinary action taken. The Appeal Chair person must be 100% look at both sides equally. Then without any interference from any party (Even the highest sitting director can be over ridden) he must make a fair decision if the disciplinary action stay or if it get reversed to a lesser action. Even if it mean that back payment need to be paid.
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