The recipient of the award for KDM "Best Community Activist in Community Development" goes to John Chandler... the retired and longest serving Managing Director of Hesto Harnesses. John is currently an entrepreneur and MD of Lean Systems and Projects, a company still involved in community development. The award recognises his commitment in creating strategies to ensure the new Ford Ranger harness factory was set up within our shores, and in particular in the KwaDukuza area. The result of his collaborative work with many stakeholders has seen over 8000 direct jobs created in KwaDukuza, and many more indirect.

Recently EB Castings, spearheaded by Jarryd Phillips, was featured on East Coast Radio and the KZN Future 50. Take a listen to the podcast . EB Castings, a burgeoning business in the heart of KwaZulu-Natal (KZN), has swiftly emerged as a unique player in the manufacturing sector, specialising in metal castings and specialised printing services. Founded by Jarryd Phillips, who spearheads the company, EB Castings has swiftly carved a niche for itself by blending two distinct businesses amidst the challenges posed by the COVID-19 pandemic. The genesis of EB Castings traces back to a fortuitous encounter at a dinner gathering, where Phillips seized an opportunity to acquire a business dealing with printing equipment and manufacturing products. Subsequently, during the tumultuous period of the pandemic, Phillips amalgamated this printing venture with his father's business, which was engaged in manufacturing metal castings. This strategic union birthed EB Castings, offering a diverse range of services including manufacturing metal castings and specialised printing on various surfaces such as glass, ceramics, and metal. The core competency of EB Castings lies in its ability to cater to diverse market needs, ranging from crafting metal fixtures like table clamps to offering customised printing solutions for promotional items. Leveraging their expertise, EB Castings has positioned itself as a go-to partner for organisations seeking personalised promotional products, commemorative medals, and customised merchandise. Looking ahead, Phillips envisions EB Castings as a pivotal player in the hospitality, eventing, and tourism sectors, aiming to become a premier distributor of glass and ceramicware. With a focus on providing quality products at competitive prices, along with personalised branding options, EB Castings aims to solidify its foothold in the market and contribute significantly to the local economy.   Despite facing challenges such as consistency in supply and pricing dynamics, EB Castings remains steadfast in its pursuit of growth and expansion. Phillips underscores the importance of securing adequate resources to bolster their inventory and meet the growing demand for their products.   In line with their growth trajectory, EB Castings anticipates substantial benefits for the KZN economy, including job creation through potential expansion of their workforce. Furthermore, by establishing itself as a local supplier of glass, ceramicware, and casting manufacturer, EB Castings aims to foster economic resilience and promote local entrepreneurship within the region.   The call to action for the KZN Community is to connect the EB Castings team with the large promotional companies who can lean on EB Castings for the production of their promotional materials – and as a result support the growth of another KZN business!   As EB Castings continues to evolve and expand its footprint, it exemplifies the spirit of entrepreneurship and innovation, contributing to the economic vitality of KZN while leaving an indelible mark in the manufacturing landscape. Home - Glass, Ceramic Screen Printing and Zinc Castings ( ebcastings.co.za ) Credit: East Coast Radio / KZN Future 50

🌿 Honouring excellence! Welile Gumede's hard work and innovation in agriculture have earned her the Best " "Best Youth In Agriculture". " Award at the prestigious KDM Awards 2024 #WelileGumede # KDMawards

The College of Health Sciences (CHS) held a successful Registrars’ Orientation sponsored by PPS to the value of R10 000, facilitated through the UKZN Foundation. AVIS also provided a one-year sponsorship of the Opel Grandland vehicle to be used by the School of Clinical Medicine. AVIS representative Ms Hlobisile Ngubeni said, ‘We are proud to have been part of the Specialists Registrar Orientation at UKZN. Our sponsorship vehicle is a testament to our commitment to education and growth. We are delighted to support the academic journey of doctors and wish them success in their studies. We look forward to an impactful collaboration with UKZN and wish all the students a rewarding and inspiring journey ahead.’   The 2024 UKZN registrar intake comprised 82 registrars from the School of Clinical Medicine.   The main aim of the event was to familiarise registrars with University rules and requirements for the Master of Medicine (MMED). They were also introduced to the postgraduate team and their “classmates” from other Schools and Disciplines and were made aware of the importance of personal wellness and self-care on their academic journey.   Professor Ncoza Dlova of the School of Clinical Medicine said, ‘Most of you have game changing abilities and chose to follow your ambitions and dreams of becoming specialists. I have no doubt that you will all become experts in your chosen fields. We will remain accessible to support you and create a conducive environment in which you can flourish.’   UKZN administrative and research requirements, student support services, and library services such as endnote training, developing a learning plan and tips to survive were also discussed.

Honored to receive the Young Black Industrialist Award at the Black Industrialists and Exporters Conference in Sandton. President Cyril Ramaphosa presented the award to Isaac Mbatha , recognizing his exceptional contribution to the industry. Ramaphosa joined over 1,000 delegates at the Black Industrialists and Exporters Conference in Sandton on Wednesday. It’s the second time the event has been held, drawing over 1,000 delegates to Africa’s richest square mile.  Government launched the black industrialist policy in 2016 in a bid to boost the growth and global competitiveness of black-owned companies in the industrial sectors.  Almost a decade later, more than 1,000 black business owners are now supported through the initiative.  Carol B. Roving Reporter KZN Business Sense

ENTRIES ARE OPEN FOR STANDARD BANK KZN TOP BUSINESS AWARDS 2024 We are delighted to announce that entries for this year’s Standard Bank KwaZulu-Natal Top Business Awards are open. The annual awards recognise those businesses, organisations and individuals who are excelling in their respective industries and endeavours in KZN. As such, this annual event is an opportunity to showcase your successes to the KwaZulu-Natal business community and beyond. “The Standard Bank KZN Top Business Awards is a testament to the exceptional businesses and organisations that go above and beyond in fuelling the economy and enriching the lives of the people of KwaZulu-Natal. Standard Bank’s purpose is to drive Africa’s growth and the economic prosperity of KwaZulu-Natal is key to driving that growth.  Being nominated, shortlisted or winning one of Standard Bank KZN Top Business awards is a real acknowledgement that your business is making an invaluable contribution to the KZN economy,” said Kuben Chetty, Head of Commercial Banking at Standard Bank KwaZulu Natal. The 2024 categories will recognise businesses in the following areas: Standard Bank Client of the year – SME Category Less than R100M turn over per annum, entrants must bank with Standard Bank Standard Bank Client of the year – Larger Enterprise More than R100M turn over per annum, entrants must bank with Standard Bank Manufacturing Sector Transport/Logistics Sector Franchising Sector Family-Owned/Managed Businesses  Agricultural and Agro-Processing Sector  Business, Financial and Educational Sector Community Upliftment and Improvement    Renewable Efficiency – Green initiatives  Employee Wellness KZN Top Brand The much-coveted top homegrown brand in KwaZulu-Natal is awarded based only on the results of a public SMS poll. Voting in this category will op en on 1 April. Business Leader of the Year The Standard Bank KZN Top Business Leader’s award is an honorary award given to a businessperson who has demonstrated exemplary business achievement, industry influence and is a true inspiration to others. As such no formal entry is required but nominations are welcome. Who can enter? The Standard Bank KwaZulu-Natal Top Business Awards are open to companies or organisations that have an office in KZN. The first two categories are specific to Standard Bank clients; however, all other categories are open to clients of any bank. There is no cost to enter. Judging criteria You must be able to show that your company contributes to the KZN economy and has a proactive business model that adheres to the principles of King IV achieving the four governance outcomes of: ethical culture, good performance and value creation, adequate and effective control, and trust, good reputation, and legitimacy. You will be required to provide evidence of success for the category entered. What do winners receive? “The bragging rights to the recognition of your success is the most important part of the Standard Bank KwaZulu-Natal Top Business Awards,” says Grant Adlam CEO of KZN Top Business. “All entrants participate in the three months build up to the main event, which allows a unique opportunity for your business’s profile to be raised. Just being nominated for these business awards serves to strengthen your industry position to your employees, clients, and other stakeholders.” KZN Top Business prides itself as a full-service communication company and as such, through their pressroom services, will share the names of the nominees, finalists, and winners on a range of media platforms – YouTube, Facebook, Instagram, LinkedIn. This service includes mass emails, formal press releases and hardcopy publications. The Standard Bank KZN Top Business Awards gala dinner, which brings together a gathering of impactful business leaders from across the province will take place on the 6 June 2024. To nominate a company or to enter a category visit www.kzntopbusiness.com for the full entry requirements.   #HowAboutNow  For more information contact Gayle Adlam  0836530465 or 0312671977 gayle@mweb.co.za

Sappi Southern Africa   has achieved GMP+ Feed Safety Assurance (FSA) 2020 certification for Pelletin, one of its lignin-based products used as an additive in animal feed manufacturing. This makes Sappi the second organisation in Africa to attain this prestigious certification. GMP+ is the world’s largest and most rigorous animal feed certification scheme, focused on the contribution of safe animal feed throughout the entire production chain, with an emphasis on quality assurance and risk management in the production and trade of animal feed. Sappi Southern Africa’s certification is for ‘Trade in Feed’, while the ‘Production of Feed Additives’ certification has been issued to Sappi Tugela Mill. “Sappi’s certification gives Pelletin a competitive edge in the global lignin market, as it demonstrates its compliance with the highest standards of quality assurance and risk management in the animal feed industry,” says Jason Knock, general manager, Lignin for Sappi Southern Africa. Knock adds that this is vital for the health and welfare of livestock and the safety of food products derived from them, as well as the issue of food security in the country. Lignin, a major component of wood and an abundant organic polymer, provides a multitude of functionalities especially in the industrial and agricultural sector. The importance of lignin is growing and is becoming an indispensable additive where sustainable natural alternatives for oil-based products are desired. Lignin is recovered from the pulping process of paper and board manufacturing and is a prime example of the bioeconomy. “As a technical lignin, Pelletin primarily functions as a binder in the production of compound animal feeds and acts as a natural glue that binds the feed ingredients and additives together. This makes for a cost-effective compound feed pellet with enhanced durability and strength,” explains Knock. The combined anti-caking and dispersing properties of the product promote mixing uniformity and homogenous blending of all feed ingredients, acting as an effective lubricant reducing friction in the pelleting process, as well as reducing wear and tear on the manufacturing equipment. “We are delighted to receive this internationally recognised certification, which confirms that our products meet the highest standards of quality and safety in the animal feed sector. This is a testament to the hard work and dedication of our team at the Tugela Mill, who have successfully passed the rigorous audits required for GMP+ certification. We are committed to maintaining and improving our standards and processes to ensure the satisfaction and trust of our customers,” comments Knock. About Lignin Sappi Biotech has a rich history in the lignin market spanning almost 100 years, making it one of the very first companies to market and sell lignin for industrial applications. Lignin is a major component of wood and is one of the most abundant natural organic polymers which provides a multitude of functionalities to be used in various applications and industries. The importance of lignin is growing and is becoming an indispensable additive in a wide array of industrial and agricultural uses where sustainable natural alternatives for oil-based products are desired. Sappi actively pursues opportunities to unlock the hidden potential of lignin by developing innovative solutions to support a biobased circular economy.  Read more at ​ Lignin - a renewable natural polymer | Sappi Global

Article by Nikita Pillay PDA is a behavioural assessment that  through a simple, precise, and scientific methodology allows us to discover and analyse peoples’ behavioural profiles.     The PDA is a behavioral assessment that provides information on an individual’s natural behavior, and role behavior. It is an analysis of specific words (Semantics) concerned with the meanings and relations between them, which generates into an analysis report.   It also allows us to evaluate the behavioural and competency requirements of a job thereby ensuring you select and develop the right people into the right positions.   The PDA has a 90% reliability rate, is scientifically verified, has ISO9001 certification, meets U.S. Equal Employment Opportunity Commission (EEOC) requirements and is internationally validated by American Institute of Business Psychology (AIOBP)   The PDA platform is ideal for Organizations to identify, develop and/or retain talent, job fit/matching, leadership development, team dynamics, and for Individuals to understand their strengths and development areas to improve job/career prospects, leadership style, decision making approach, people skills. The PDA Assessment does not classify behavioral profiles as “good or bad”; it merely describes the individual’s behavioural characteristics and traits.   The PDA behaviour profile is defined in terms of: Risk  - the degree to which a person tends to take risks to achieve results. Extroversion  - the degree to which a person desires or is inclined to interact with other individuals, persuade and please people to achieve results. Patience  - the degree to which a person tends to respond in a patient and peaceful manner to achieve results. Compliance  - the degree to which a person requires to conform to norms and procedures to achieve results.   The PDA assessment enables one to: Assess behaviour, energy, and emotional indicators. Analyse the competencies of individuals and teams. Recruit the best candidates for the role during the recruitment process. Assess competency frameworks and skills-gaps. Provide guidance for effective succession planning. Develop leaders and leadership skills. Design career development plans for employees. Identify communication and conflict styles. Improve self-awareness and emotional intelligence. Enable personal growth and development.   Some of the many reports generated by taking the PDA are as follows:   PDA Report - A comprehensive behavioural report detailing the candidate’s leadership, sales, and communication styles.  This report provides detailed descriptions of the candidate’s natural behaviour style as well as behaviour modification in work and other contexts.   Natural competency style and fit to generic competencies are provided in this report as well.  Detailed information regarding strengths and possible areas of development (strengths that become overused) is given as well as information regarding environment factors that are required to keep the candidate engaged and motivated.   Job Fit Report  - This report provides details of the candidate’s fit to a pre-determined (either system generated or customised) job profile.  Details regarding the fit to the different competencies required for success in this job role are provided as well as overall percentage job fit   Competency Report  - This report provides a percentage match of a candidate (based on his/her natural behavioural style) to a set of system generated or customised competencies.  The system contains generic, agile and entrepreneur competencies.    Leadership Matching Report  - This report provides details of two candidates, one of whom has been allocated into a leadership role and the other in a subordinate position and reporting into the managerial candidate.    Details of the managerial candidate’s leadership and communication style are provided as well as the environmental factors needed to keep the subordinate candidate engaged and motivated.  The natural behaviours of both candidates are assessed in the PDA and are compared and how their style will manifest in the behaviour of a managerial candidate is indicated in the report.   DRG has Internationally Accredited PDA Specialists that can help facilitate these assessments, help you understand the 25-30-page PDA report, and provide you with constructive feedback.   Contact Person: Nikita Pillay nikita@drg.co.za 031-7670625

Article by Nikita Pillay - HR & Compliance Best-Practice Specialist Regardless of your organization’s size, developing formal policies and procedures can help ensure your organisation runs much more smoothly and efficiently.   Policies communicate the commitment, values and vision of the organization, ensuring employees understand exactly what is expected of them in various circumstances.   Policies and procedures save time and stress when handling HR and IR issues as there is a clear understanding that is communicated throughout the organisation. The absence of written policies results in unnecessary time and effort spent trying to agree on a course of action. With strict guidelines already in place, employees must simply follow the procedures and managers must enforce the policies.   Implementing these documents also improves the way an organization looks from the outside. Policies and procedures help to ensure your company complies with relevant regulations. They also demonstrate that organizations are efficient, professional, and stable. This can lead to stronger business relationships and a better public reputation.   What are Policies? A ‘Policy’ is a predetermined course of action, which is established to provide a guide toward accepted business strategies, practices, and objectives. In other words, it is a direct link between an organization’s ‘Vision’ and their day-to-day operations. Policies identify the key activities and provide a general strategy to decision-makers on how to handle issues as they arise.  Well-written policies and procedures allow employees to clearly understand their roles and responsibilities within predefined limits.   Basically, policies and procedures allow management to guide operations without constant management intervention. This is accomplished by providing the organisation and employees with limits and a choice of alternatives that can be used to guide their decision-making process as they attempt to overcome problems.   As employees are hired, it is important that they understand the correct work process to ensure that the service or product maintains high quality.   The policy must: Set out the aim of the policy. Explain why the policy was developed. List who the policy applies to. Set out what is acceptable or unacceptable behaviour. Set out consequences of not complying with the policy. Provide a date when the policy was developed or updated.   What are Procedures? The goal of every ‘Procedure’ is to provide the organisation and employees and with a clear and easily understood plan of action required to carry out or implement a policy. A well-written procedure will also help eliminate common misunderstandings by identifying job responsibilities and establishing boundaries for employees. Good procedures allow managers to control events in advance and prevent the organization (and employees) from making costly mistakes. A procedure can be defined as a road map where the trip details are highlighted to prevent a person from getting lost or ‘wandering’ off an acceptable path identified by the company’s management team. When procedures are followed, there is consistency in practice for work processes. This helps to ensure that things are done the same way, every time and that all steps are followed. To create an acceptable policy, the following must be very carefully noted.   When you don’t enforce your procedures, you put your organization at risk. If an employee or external person comes forward with an allegation against your company, having formal policies and procedures in place strengthens your case. As organizations grow it is important to put things in writing that the organization values and deems important. Doing so in a detailed policy and procedure manual, that is shared with employees, can help to ensure that products and services maintain the high quality that customers expect.   Policies and procedures should be reviewed regularly by updating them when necessary is key to their success. In addition to annual review, consider updating your policies and procedures when the following circumstances also occur: Adopt new equipment, software, etc. See an increase in accidents or failures on-site. Experience increased customer complaints. Have a feeling of general confusion or increased staff questions regarding day-to-day operations. See inconsistency in employee job performance. Feel increased stress levels across the workplace. Embark on significant change to the organisational structure.   What is a Disciplinary Code of Conduct? This Code serves as guideline to the employee with reference to what will be deemed as irregular or unacceptable conduct. It spells out how to deal with any occurrences of a misconduct and gives guidelines as to the possible disciplinary measures which may be imposed, otherwise known as a sanction or an outcome. Less severe violations may result in warnings being issued, whereas some violations of the Disciplinary Code may result in due process being followed, such as a disciplinary hearing, prior to a sanction being provided.   It is important that the Policies, Procedures and Disciplinary Code of Conduct is communicated to all employees during induction of their employment, and that they acknowledge the session. This also safeguards the organisation from a legal perspective.   DRG can tailor these documents for your organisation and take into consideration industry regulations and best practice. DRG can further assist with the induction of these documents to your staff.   Contact Person: Nikita Pillay nikita@drg.co.za 031-7670625

Teraco: A Digital Realty Company, Africa’s largest interconnection hub and vendor-neutral data centre provider, has  announced the completion of the expansion project at its DB1 facility – the largest data centre in KwaZulu-Natal.  As South Africa’s third largest city with a population of over three million people, home to thriving digitally connected enterprises and a key South African manufacturing hub, Durban is experiencing demand for additional data centre capacity and thus a logical destination for Teraco’s continued investment into data centre infrastructure on the African continent.   Situated on Durban’s north coast, Teraco DB1 is a strategic interconnection hub on the African subsea cable map with direct access to the Seacom, EASSy, MÉTISS, and soon-to-be-deployed 2Africa cable systems that connect the east coast of Africa.   Teraco’s DB1 facility is connected to the Teraco campus in Isando, Johannesburg, through a wide choice of carriers via diverse regional fibre routes enabling clients to increase the number of partners they connect with and expand their reach into new markets. Teraco’s DB1 facility offers clients secure colocation and interconnection services and the ability to leverage Teraco’s digital hubs in Johannesburg directly.   The newly expanded facility supports the growing demand by enterprises and cloud service providers for data centre capacity. DB1 offers highly resilient and secure colocation facilities in line with Teraco’s long-term vision of enabling digital transformation across Africa. The expansion has doubled DB1’s capacity to 2.2 megawatts (MW) of critical power load. The facility now comprises 5,800 square metres of building structure accommodating over 700 racks.   The DB1 facility provides enterprises with direct access to Platform Teraco, a rich ecosystem of over 250 network providers, global cloud on-ramps, subsea cable systems, access to over 100 managed service providers, and direct peering at NAPAfrica, Africa’s largest Internet exchange point.   DB1 is the latest expansion for Teraco’s growing data centre platform. It takes critical power load capacity at Teraco facilities to 186MW, which includes the Isando Campus JB1/JB3/JB5 (70MW), Bredell Campus JB2/JB4 (64MW), Cape Town Campus CT1/CT2 (50MW), and Durban (2MW).   Organisations working to accelerate their digital transformation use Teraco to scale their IT infrastructure dynamically, adopt hybrid multi-cloud architectures, and interconnect with strategic business partners within the Platform Teraco ecosystem of global and local clients.   Key facts DB1   DB1 comprises 5,800 square metres of building structure serviced by 4 megavolt-amperes (MVA) of utility power supply and provides 2.2MW of critical power load. Strategically located in Durban on the east coast of South Africa with 3,000 interconnects. DB1 expansion significantly adds to South and sub-Saharan Africa’s data centre infrastructure. DB1 will augment the existing portfolio of ISO9001, ISO27001, ISO50001, ISO14001, PCI-DSS and ISAE3402-certified data centre facilities.   About Teraco Teraco, a leading carrier-neutral colocation provider in Africa, is the first provider of highly resilient, vendor-neutral data environments in sub-Saharan Africa. With its world-class data centre infrastructure and network-dense ecosystems, Teraco forms a vital part of the African Internet’s backbone and is essential to the modern enterprise’s digital transformation strategy. Teraco is majority-owned by Digital Realty ( NYSE: DLR ) – offering customers a global data centre platform designed to enable digital businesses to scale within a highly connected data community across 300+ data centres in 50+ metros and 25+ countries on six continents – together with a continuing interest maintained by a consortium of private equity investors, including Berkshire Partners LLC and Permira. For more information, please visit  teraco.co.za  or follow us on  LinkedIn  and X .   About Digital Realty Digital Realty brings companies and data together by delivering the full spectrum of data center, colocation and interconnection solutions. PlatformDIGITAL®, the company’s global data center platform, provides customers with a secure data meeting place and a proven Pervasive Datacenter Architecture (PDx®) solution methodology for powering innovation and efficiently managing Data Gravity challenges. Digital Realty gives its customers access to the connected data communities that matter to them with a global data center footprint of 300+ facilities in 50+ metros across 25+ countries on six continents. To learn more about Digital Realty, please visit digitalrealty.com  or follow us on LinkedIn  and X .

Article by Nikita Pillay Although an employer’s main objective is to make a profit, like any human relationship, the employer-employee relationship ought to be built on trust and mutual respect, thereby maintaining a harmonious working environment and a pleasant employment relationship.   To achieve this, an employer must maintain discipline in the workplace, which should coincide with the principles of fairness by consistently applying discipline equally among all employees who commit misconduct.   Legislation, particularly the Labour Relations Act 66 of 1995, sets out mechanism’s employers can utilise to maintain discipline in the workplace, follow procedures set out therein and eventually have fair reason to impose a fair sanction.   Employees must be made aware of the standards of behaviour that is expected of them in the workplace.   Our law does not prohibit dismissal. However, there are consequences for employers who unfairly dismiss employees. Therefore, the Labour Relations Act, together with the Codes of Good Practice contain guidelines for employers to follow when disciplining employees. The Labour Relations Act sets out procedures which employers ought to follow which would assist them in fairly complying with the procedural aspects of a dismissal.   For an employer to prove the fairness of a dismissal, it must prove that a fair procedure was followed, and the employer had a fair reason to dismiss. The same principle mentioned above would apply to other disciplinary actions such as written warnings, and final written warnings.   The employee must be given a fair opportunity to be heard, before any decision, or sanction is imposed. It is advisable that employers conduct some kind of investigation into allegations before proceeding with any disciplinary action.   Although it is not required in every circumstance for an employer to conduct a formal in-depth investigation, it is advisable that an employer ought to have at the very least, basic evidence to support the allegations before deciding to proceed with any disciplinary action.   Employers should also ensure their disciplinary policies, procedures and codes of conduct are consistently applied, which can be read in conjunction with any Code of Good Practice under the Labour Relations Act.   Section 188 of the Labour Relations Act provides that, for a dismissal to be fair, it needs to not be automatically unfair, and moreover the employer must be able to prove that a dismissal was procedurally and substantively fair – a disciplinary hearing forms part and parcel of a fair procedure. It is crucial that an employer follows the correct procedures, especially when dismissing an employee.   A disciplinary code should include clear rules and procedures for the workplace. When an employee fails to follow these, the employer can apply progressive discipline (warnings) or, in cases of severe misconduct, proceed directly to a disciplinary hearing.   Did the employee do something wrong? In respect of this question, we often see employees adopting an attitude of "Well, prove it". The difficulty with this approach is that employees fail to appreciate the difference in proving matters using the civil onus versus the criminal onus.   Internal disciplinary matters are considered on a balance or preponderance of probabilities. This essentially means "which of the various versions is more probable?" An employer is not required to prove beyond a reasonable doubt that an employee committed misconduct (the criminal law onus used by the state in prosecuting criminals).   A manager considering whether an employee broke workplace rules must evaluate the evidence and argument available, then determine which version is more probable. There may still be reasonable doubt as to whether the employee committed the misconduct, but based on the probabilities, the manager should be comfortable that the employee probably committed the offense.   Employees folding their arms, waiting for the employer to prove the case against them are regularly surprised when the chairperson of the inquiry rules against the employees. Where the employer puts up a plausible case, the employees are obliged to present a version that is more probable if they wish to escape a finding that they committed misconduct. Standard Disciplinary Procedures Before an employer notifies an employee of a disciplinary hearing, the employer should first investigate to determine whether grounds for dismissal exist and should reasonable grounds exist, here’s what you need to know about formal disciplinary hearings, from both an employer and employee’s perspective:   The employer should issue the employee with written notice of the disciplinary hearing containing the date of the notice, the date, time, and place of the hearing, as well as the charge/s against the employee.   The notice should record a detailed description of the charges brought against the employee in plain and simple language, including the date, time, and description of the incident. It is best for charges to be clear and formulated precisely. Sufficient notice must be provided to the employee to allow the employee reasonable time to prepare his/her case against the allegations. Two (2) working days (minimum 48 hours’ notice) should suffice. Depending on the complexity of the charges, more notice and a reasonable time may be required.   Over and above a reasonable notice period, the employee is entitled to be provided with sufficient information and documents as requested to understand and fully prepare for the charges against him/her.   As per the purpose of a hearing, the employee has a right to state his/her case and to present a defence by leading evidence in the “rebuttal of the charge” and “to challenge the assertions” of the employer.   The employee is entitled to the representation of a fellow employee from his/her workplace or a trade union representative. It is important to note that such representation should be made known to the employer prior to the disciplinary hearing. The employee is also entitled to the use of an interpreter should one be required.   As the employee has a right to be fairly judged, disciplinary hearings should be heard before an objective and impartial chairperson who preferably has knowledge of labour law. It is the chairperson who needs to “weigh the evidence for and against the employee and to make an informed and considered decision” in favour of the party whose version is the most probable.   After the conclusion of the disciplinary hearing, the employer should communicate the decision taken to the employee and preferably furnish him/her with written notification of that decision. Should the employee be dismissed, the employee should be provided with the reason for the dismissal, as well as reminded of his/her right to Appeal the case or refer the matter to the CCMA or council with jurisdiction.   Should the employee fail to attend the hearing: – The chairperson will determine whether sufficient notice was provided to the employee and whether valid reason exists for the employee’s absence. Should the chairperson find that reasonable notice was provided and that valid reason for the employee’s absence does not exist, the hearing will continue in the employee’s absence and the chairperson will make his/her verdict based on the employer’s case only.   Parties to be Present at a Formal Disciplinary Hearing The chairperson, who should be unbiased, partial, and objective. The complainant, the employer instituting the disciplinary charges against the accused employee. The respondent, the accused employee. The respondent’s representative, if elected. An interpreter, if required.   Introduction Following the chairperson’s introduction to the parties, as well as the introduction of each party to each other, the proceedings can begin, and each party will have an opportunity to deliver an opening statement. Opening Statements An opening statement is generally recommended as it provides a brief overview of the matter to the chairperson, setting a good backbone for the matter that is to be heard. Plea Once the chairperson has clarity on what the purpose of the hearing is, as well as what needs to be investigated and against who, the chairperson will verify the respondent’s understanding of the charges against him/her and then ask the respondent how he plea – guilty or not guilty. Presenting of Charge Should more than one charge exist, understanding of each charge and the respondent’s plea to the charge will need to be done for each charge. In the event that the respondent pleads guilty to any charge, it is nonetheless recommended that the hearing continues and that the evidence from both parties is heard as the respondent may not fully understand the charge/s against him/her or, even if he/she does truly grasp the understanding of the charge/es, the respondent may be pleading guilty out of fear. Presenting of Evidence Once the above has been established, the chairperson will proceed with the hearing and the complaint will lead its evidence in chief. The respondent will be allowed the opportunity to cross-examine the complaint’s evidence/witnesses before presenting and leading his/her own evidence in chief. The complaint will be afforded the same opportunity to cross-examine the respondent’s evidence/witnesses. The chairperson is required to listen to each party’s evidence fairly and will likely adjourn the hearing to weigh up the evidence presented. Closing Statements The Complainant and respondent will be required to summarise their presented versions, and also include any further information for motivation to support their side of the case. Mitigating and Aggravating Circumstances In applying his/her mind to the matter, the chairperson will also consider mitigating and aggravating circumstances, and once the hearing is reconvened, the chairperson will deliver his/her verdict alongside the recommended sanction. Opportunity for Appeal Before the hearing is officially concluded, the respondent should be made aware of the avenues available to appeal the outcome or to refer a dispute.   Postponing a hearing It is not always possible to proceed with a disciplinary hearing on the agreed day. The chairperson therefore must decide, at his or her discretion, if there are sufficient grounds for postponing the hearing after objectively considering the request and evidence for postponement. When a role player is unable to attend the hearing, the chairperson should consider the importance of that person to the hearing, as well as whether the reason for his or her absence is valid.   The following are valid reasons for postponing a hearing: Illness: The chairperson should request sufficient proof of the illness, such as a medical certificate. Transport difficulties: The chairperson should use his or her discretion to determine the validity of this. A family emergency: The chairperson should request sufficient proof of this, such as a death certificate, or doctor’s certificate. Insufficient notice to attend the hearing: An employee must receive notice, in writing, to attend a disciplinary hearing at least 48 hours before the hearing is scheduled. The employee or employee’s representative should also receive adequate time to prepare; if sufficient time to prepare was not given, the hearing must be postponed. Influences on the hearing: It is in the best interest of all attendees of the hearing to be told, well in advance, of any facts that might affect the outcome. These include, for example, if a role player is under the influence of drugs or alcohol, or requires an interpreter, or if relevant new information has emerged. An objection to the chairperson: This is relevant if any role player believes that the chairperson is biased, or if the chairperson has any prior knowledge of the facts of the case. The chairperson can decide if there are grounds for the objection and excuse himself or herself, after which the hearing will be postponed. What happens after a postponement? Once a hearing is postponed, the employer must issue the employee with a new notice at least 48 hours before the next hearing is scheduled.   What is the appropriate sanction? The next common mistake made by many employees in internal hearings is an unwillingness to acknowledge their mistakes or wrongdoing. Dismissing employees is the final act in managing risk posed by errant employees to the business. Where an employee is found to have committed misconduct, the presiding officer must consider the risk posed to the organisation of the employee repeating the misconduct. If employees are unwilling to acknowledge wrongdoing and recommit themselves to the values of the company, the lingering doubt will be whether the employee will contravene the rule again in future.   In practice, it is difficult to convince an employer to take a chance on the employee and extend a lifeline where the employee remains steadfast that he or she did nothing wrong, even after the hearing's finding to the contrary. Showing true remorse and pledging full support to ensure that such behaviour is not repeated can go a long way in comforting an employer that retaining the employee in service will not result in undue risk.   DRG can provide the service as an independent chairperson to manage your disciplinary hearings.   Contact Person: Nikita Pillay nikita@drg.co.za 031-7670625

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