In many cases, this question can be answered in the affirmative. Still, it remains the chairperson’s final decision as he must ensure a due and proper process is followed, especially if the case should be referred for arbitration at a later stage. A disciplinary hearing aims to ensure that all parties are heard. Most importantly, an accused employee has an opportunity to lead evidence in rebuttal of the charges and challenge their accusers’ assertions before a final sanction can be decided on.
During the initial stages of the disciplinary hearing, the chairperson will ask the accused employee whether he pleads guilty or not. Should the employee plead guilty, the chairperson will intervene to establish whether the accused employee understands the implications of his guilty plea and that he is not doing so because of his lack of experience. The chairperson must ensure that the employee knows that a guilty plea might lead to his dismissal and inquire whether the plea was made out of his own free will or whether he was perhaps forced or bribed to plead guilty. Once the chairperson is fully satisfied that the accused employee understands the implications, a final finding may be made without leading evidence.
However, it remains crucial for a chairperson to establish guilt on the side of an accused employee objectively despite his guilty plea. Nothing prevents the chairperson from still following a due and proper process despite the employee’s guilty plea. All business owners can rest assured that the SEESA legal advisor chairing your hearing will guide them in the right direction based on the merits of each case.
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