The loss of Rajen Reddy, founder of the RR Group, said Mrs Esay Reddy, his wife of nearly 40 years, was not just limited to her family. Rajen, she said, touched the lives of everyone with whom he came into contact. Esay added that after his passing she had to put her own feelings aside and concentrate on how others were feeling. “I think the Rajen Reddy Foundation came about because I thought of the things that Rajen wouldn’t be around to do – the things that he was so passionate about doing,” explained Esay. Consequently, the Rajen Reddy Foundation (RR Foundation) was formed to carry on all the work that Rajen Reddy had done in the past. “The RR Foundation was the only way I could honour all that he did for the people outside his company, whether this was going into the township and talking to the children there, or sitting and speaking to the aged,” said Esay. “He wanted to acknowledge the people that grew the country – whether this was in the area he grew up in – or in the areas where he did his plumbing and building. He knew what the people in these areas were doing and how many of them were battling, including what their challenges were. He wanted to make things better – even if it was for one day. He never said no to anyone who came to ask him for help.” As a consequence of Rajen Reddy’s genuine interest in helping people, the RR Foundation has three pillars; these are education, mental health (philosophical psychology) and physical health. Commenting on the pillars, Esay said that Rajen was passionate about education and while he did not study further formally, he read and watched documentaries ferociously. He often found it challenging that he could sit with presidents, kings, and people with degrees, while he was just a matriculant. This status, she said, played on his mind but he took ownership of his unique circumstances. She added that Rajen wanted youngsters to know how to be an entrepreneur – how to run your own business. He would have frequent meetings with them, which often he considered more important than his own business matters. As Rajen became a diabetic in his later years, physical health is the second pillar of the RR Foundation. The benefits of a health-conscious lifestyle has importance to everybody. Based on this pillar, the RR Group has started an employee wellness programme. This programme monitors aspects of the health of their employees, such as blood pressure, on a monthly basis and provides health education. Both Rajen and Esay were involved in hospice, Chatsworth and Phoenix respectively. Esay commented, “When we looked at the people who had passed away from cancer, we realised that there was no children’s hospice locally.” Consequently, under the health pillar, one of the projects is to build the Aurora Children’s Hospice. The Foundation has a property in La Mercy, which says Esay has its own story – there is family history behind it, so it is apt that this will be the location for the hospice. The third pillar and for Esay – the most important one, especially for now – is mental health. Initially the Foundation considered gender-based violence as a key project as it is a huge problem in today’s world and in our country. Esay commented, “However, mental health has far overtaken the front line of what we need to address currently. You have to get your mind in the right space – and once you have got that sorted out then your body follows and everything else in your life starts to toe the line.” Commenting on the RR Foundation, Esay explained, “Whatever I try to do is always to honour Rajen and the legacy that he has created and to ensure that his memory and the things that he has done in our province continue to get done. Our goal is to continue to help the people in our province first – I always believe start at home – and then take it out further.” Esay reflected that she manages the loss of Rajen by thinking that he has just gone on a long journey and he will be back. She concluded, “I believe that I am the custodian of everything that we are doing right now. I ask myself that if Rajen were to walk in today would he be satisfied in the way we are doing things. Rajen did not focus on money but always on helping people and that is what we have tried to carry out. Would he say you did well, the children stepped up to the plate or you all did what I have taught you all these years to carry out and to do. If I get an affirmative, then I know that we did good. If we have achieved that then my heart feels a bit lighter.”

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Top business leaders in KwaZulu Natal will gather in hopes of changing the future of employees in the country. Icebolethu Group will be hosting its Business Breakfast on the 27th of September 2022 at the Radisson Blu Hotel in Durban, Umhlanga. This prestigious business event is designed to create a platform for collaboration between various KwaZulu-Natal business representatives and industry leaders. The business breakfast will feature a lineup of speakers who will share their personal and professional experiences and impart their knowledge. Among the people who will attend are the South African businessman, Reddy Vivian, and Vusi Thembekwayo, founder and CEO of MyGrowthFund & IC Knowledge Bureau. “We have successfully repositioned Icebolethu as a valuable player in the business sector over the years. Thus, building relationships with business chambers, corporates, and captains of industry have been our priority. As part of this commitment, we have decided to collaborate with various KZN business representatives and industry leaders to host this upcoming business event intended to provide a platform for everyone to share their ideas that can help us rebuild our province’s economy and build a better future for everyone,” says founder and CEO of Icebolethu Group, Nomfundo Mcoyi. As such, the upcoming business event will further assist in equipping emerging entrepreneurs or individuals who have been in the business landscape for years with practical information that will assist them in rebuilding the province’s economy, following the Covid-19 pandemic, the devastating floods, and social unrest ramifications that have exacerbated poverty and the high unemployment rate in the province. "As businesses, it is our responsibility to create an exciting and secure future for our current and future employees. Let us come together to share business ideas and build partnerships that will help us strengthen our economy and leave a positive mark for the future generation,” concludes Mcoyi. For further information contact: Onelisiwe Onie@kenakosa.co.za 062 424 7519

In consultation with Mrs Esay Reddy, Executive Chair of the RR Foundation, each element of the logo has been carefully selected and designed to encompass everything that the late Mr Rajen Reddy stood for. Firstly, the lotus flower as a whole has been selected as the RR Foundation’s symbol. The lotus flower has much significance in many cultures and is considered one of the most sacred plants in the world. Why is this flower considered to be special? The lotus plant is perennial and aquatic, flourishing in nutrient-rich and murky conditions. Growing across India, east Africa, southeast Asia, and Australia, this plant has a daily life cycle that is unlike other plants. The lotus plant’s roots are anchored in mud, each night the flower closes up and submerges into the water and re-blooms the next morning. Thanks to a protective outer coating that repels dirt and water, the flower is always sparklingly clean. Because the lotus flower emerges from the mud without any stains, they are often considered as a symbol of purity. Since they return to the murky water each night and open their blooms each morning, lotus flowers are also symbols of strength, resilience, and rebirth. These characteristics are all important values to the RR Foundation. “When we look at the logo, we look at the lotus flower, which represents Mr Rajen Reddy himself,” explained Nadim Aziz, CEO RR Reddy Foundation. He added, “Through the storm and rain and out of adversity something new and something great is always born again.” The five larger petals within the logo each represents one of the five objectives of the RR Foundation. The objectives (which are now six are) are: To make specific meaningful and purposeful contributions to the historic task of transitional justice from apartheid to democracy under overarching social justice. The primary focus shall be on the promotion of social cohesion through a creative programme of action. Central to the focus shall be the deracialisation of the human mind in the context of diversity in unity in line with the three aspects. Build capacity through the development of ethical leaders and effective national, regional, and international networking. Build partnerships with the South African government, foreign governments, multilateral organisations, and national and international civil societies. To operate in the sphere of public diplomacy. When we look further into the structure of the logo, we come to the four smaller petals which represent the main companies in the RR Group, namely: KZN Oils and KZN Oils Transport JD Telecom Ko-Lay Home of Chicken Champion Health Care KVK Property Development At the base of the flower, each of the three smallest petals represents one of Mr Reddy’s three children – Venisha, Kerushin and Kreeshan. The entire lotus flower is encompassed by a circle, which represents Mrs Esay Reddy as a motherly figure protecting the entire family. The RR Group has always had a people - first ethos so the importance of being a protector extends beyond the immediate Reddy family to embrace the RR Group employees who are also considered as having family status. Consequently, the RR Foundation logo has a deep symbolic association connected to Mr Rajen Reddy and to the ongoing fulfilment of his dreams.

KwaZulu-Natal is home to a large number of brands that have been home-grown and driven from within the province. Many of these companies have long histories and they continue to expand their footprints today. Each year, the Standard Bank KZN Top Brand award is much coveted and honours many of the most loved brands in the province. The Top Brand accolade is awarded solely by public vote and is contested over several weeks. The interest in this category is especially reflected in the huge range of brands that are selected and in the thousands of votes cast. The voting also reflects the efforts these businesses put into their branding and marketing. All the brands have won the support of their employees, clients, family and friends and the votes received are a testament to these accomplishments. The 2022 top 20 brands are: 1. Icebolethu Group 2. KZN Oils 3. Blue Security 4. Beekman Group 5. Hollywoodbets 6. Hirsch’s 7. East Coast Radio 8. Woodford Car Hire 9. Imperial Armour 10. Cox Yeats Attorneys 11. Durban International Convention Centre 12. Tyson Properties 13. SLG (Pty) Ltd 14. DRG Outsourcing 15. LHL Engineering 16. Magnet Electrical Supplies 17. King Shaka International Airport 18. Mediterranean Shipping Company 19. Plennegy 20. The Sharks

The RR Foundation and the Confucius Institute at the Durban University of Technology (DUT) formalised their partnership through a Memorandum of Understanding signed on 5 October 2022. The Confucius Institute (CI) is located at the DUT ML Sultan campus and comprises a Chinese Culture Experience Centre, a Library and a dedicated Chinese language lab. The signing ceremony was attended by Mrs Esay Reddy, Executive Chairperson for the RR Group of Companies; Venisha Reddy Sabapathy, Group Treasury; Kerushin Reddy, Director KZN Oils Transport and Kreeshan Reddy, Director Ko-Lay. Also in attendance from the RR Foundation was the Chief Executive Officer (CEO), Nadim Aziz, Yashna Sookoo, Funding; Buhle Yaka, Admin. In accordance with the principles of mutual benefits and cooperation, both have parties agreed to facilitate closer collaboration in organising workshops on health and wellness, Chinese and vocational skill training programme and co-organising cultural functions and activities. “Promoting the mutual understanding between China and South Africa and providing service in the local communities based on their desire is one of CI’s key functions at DUT, which is also aligned to DUT’s ENVISION2030. We are excited to work with RR Foundation and to implement this university -enterprise cooperation,” said Frank Lin Wu, Co-Director of the Confucius Institute at DUT. “We are truly honoured to institutionalise our relationship between our respective organisations, and we look forward to working closely with CI under our aspects of education, physical health and mental health to the benefit of children, youth and elders of South Africa and the world. Furthermore, we are encouraged through our relationship, to promote mutual understanding between China and South Africa based on the five principles of peaceful coexistence,” said Mr Aziz. As a consequence of the partnership and in order to promote staff health and wellness, the RR Foundation have begun with Tai Chi, Qigong and Chinese traditional medicine classes within the RR Group of companies amongst all staff. The classes will take place at the RR Group’s facilities in Durban before classes are opened up to the youth from the wider communities. The programme focuses on and incorporates preventative health strategies. Link: https://drive.google.com/file/d/111AYdqK2zIsSMvwRwpDh8XRADjMQ4vAy/view?usp=sh are_link

The RR Foundation engaged enthusiastically with the Durban International Book Fair at their inaugural event in 2022. The Durban International Book Fair was held from 1 – 5 August 2022 at Sibaya Conference Centre. The event showcased a range of local writers, publishers and budding creatives displaying their talents for storytelling. The RR Foundation was approached to exhibit through their publishing house, Nadim Books which provided the perfect platform to launch their latest publication, The Art of Storytelling. The event gave the RR Foundation an opportunity to present its Wayang Kulit (Shadow Puppetry) project to a local audience and highlight their partnerships with the World University Association for Community Development (WUACD), Airlangga University and Durban University of Technology (DUT). The presentations were well received, with exciting engagements with the eThekwini Library Services Unit, the KZN Department of Arts and Culture and the National Arts Council. The RR Foundation intends engaging further with these bodies at the correct time. The exhibition also enabled the RR Foundation to engage with schools, university students and budding writers. A few other institutional partners were in attendance including Confucius Institute and the Durban University of Technology. The theme of the Durban International Book Fair 2023 is “Books and Beyond”. Leading up to the fair, the RR Foundation will be going on a drive to establish a few book clubs across communities in KwaZulu-Natal. Part of the drive includes supplying schools and book clubs within primary and high schools with books or things to read for the year. This supply will then generate a competition to see, not only who reads the most, but who can produce the most outcomes in terms of writing, poetry, and performances. The RR Foundation will select some of the high performing outcomes to be published into another book which will be promoted at the Durban International Book Fair 2023. The Foundation would also like to invite some of those youth to perform at the book fair. For more information Nadim Aziz , CEO of the RR Foundation nadim@rajenreddyfoundation.org Yashna Sookoo, Fundraiser of the RR Foundation yashna@rajenreddyfoundation.org Mbuso Dlamini, Marketing Manager of the RR Group marketingmanager@rrgroup.africa

The Rajen Reddy Foundation (RR Foundation) was officially launched on the 18 February 2022 in commemoration of Mr Rajen Reddy, the late executive chairperson of the RR Group, and the philanthropic work that he had set out to accomplish. Although the work had been going on informally for the last few decades, the RR Foundation formalised the good work that he had set out to do. “Our late executive chairperson, Mr Rajen Reddy, meant a lot of things to a lot of people,” said Nadim Aziz, CEO of the RR Foundation. “ On the ground he had touched many lives, especially among the youth. In formalising the Rajen Reddy Foundation and in continuing Mr Reddy’s legacy, we all hope that the values that he carried and reflected are encapsulated and passed down to the next generation. It's important for us to universalise these values and to carry them forward in a way that everyone can relate to.” The Foundation has identified that there is currently a generation of people who may have known Mr Reddy personally. However, going forward there will soon be a new generation that did not know him personally. “They will be at the forefront of carrying our objectives and goals forward and will possibly want to do things in a new light and a new way. We find that it is very important to universalise his values within an ecosystem, so that future generations are able to carry the RR Foundation forward and in turn pass these values on to the next generation,” explained Nadim. Mr Reddy was extremely passionate about education – especially about education amongst the youth – and he chaired an historic relationship with the Durban University of Technology (DUT) for the same reason. Through the building of university and industry relationships, Mr Reddy helped DUT to develop adaptive graduates for the workplace. “His main points of focus were on SMME development and he had a great passion for passing down his own knowledge from his own personal experiences to those up-and-coming SMMEs. Mr Reddy was both a mentor and a friend to the many youths who knew him personally,” commented Nadim. Organisational Partnerships The RR Foundation has developed a number of partnerships with a range of organisations. These include the Durban University of Technology, which serves as the Foundation’s intellectual base in KwaZulu-Natal. A number of the projects that are currently running predate the Foundation’s inception. The partnership with the BRICS Youth Association will encompass education among the BRICS’s nations especially focusing on South Africa and the effects that this would have on the youth in our country. The partnership also touches on SMME development and cultural exchanges. Another partnership is the Nelson Mandela Foundation – where the Foundation is engaging with the Leading like Mandela programme – the official leadership development programme of the organisation. “We are finding synergies with our flagship programme on Leadership for Freedom from Poverty and their programme,” said Nadim. One of the other partnerships is with the World University Association for Community Development (WUACD), which is based in Indonesia and associated with Airlangga University. The history of this RR Foundation project began in 2020. Mr Rajen Reddy was invited by the Indonesian Embassy in Pretoria to participate in a webinar, which had as its focus ethical leadership. The webinar’s title was ‘Ubuntu values in the Hasta Brata story of Javanese Puppet Play’. Javanese Puppet Play, or as it is known, Wayang Kulit, is used in Indonesia as a form of storytelling, which is didactic in function and dates back to 10th century CE. Wayang Kulit translates to ‘Shadow Puppetry’. “We discovered that there was much similarity between Ubuntu values, which are South African and Hasta Brata values, which are Indonesian. We saw a need to adopt this form of storytelling within a South African context, which could give a voice to the untold struggles and stories of our people of the past,” said Nadim. Since the webinar a preparatory committee was formed, which included experts on Wayang Kulit from Airlangga Universitas Indonesia, Wayang Kulit Character Development from University of Bern Switzerland, and SMME Development, Arts & Drama and Community engagement from Durban University of Technology (DUT), as well as representatives of the RR Foundation. The RR Foundation is in charge of facilitating the necessary skills, knowledge and expertise to transfer this form of storytelling within a South African context. As such, the RR Foundation has brought the project to a practical stage of implementation. Through their publishing house, Nadim Books, they have published a book for free distribution entitled, The Art of Storytelling . The Foundation engaged with the Durban International Book Fair at their inaugural event in 2022 where they launched The Art of Storytelling . This year the Foundation will be going on a drive to establish a few book clubs across communities in KwaZulu-Natal leading up to the Durban Book Fair for 2023. Part of this drive includes supplying schools and book clubs with book or things to read, which will then generate a competition amongst these youth to see, not only who reads the most, but who can produce the most outcomes in terms of writing, poetry, and performances. “We will select some of the high performing outcomes to be published into another book, which will be promoted at the Durban International Book Fair. We would also like to invite some of those youth to perform at the book fair,” said Nadim. RR Foundation’s Pillars The RR Foundation operates in the sphere of public diplomacy. Its three pillars are: · Education · Physical Health · Mental Health Each of these pillars has a flagship project, which under education is the Rajen Reddy School of Leadership. Its core curriculum title is ‘Leadership for Freedom from Poverty of all Kinds’, which encompasses mental poverty, physical poverty, spiritual poverty and emotional poverty. The main target market for the core curriculum are SMMEs because they are in the position to give the most leadership to the communities in which they operate. The Aurora Hospice for Children falls under the physical health pillar. Nadim explained, “We have a site in La Mercy on which we looking at developing and constructing the hospice. While this project may take two to three years for completion, we have identified key areas in which we can begin immediately as well as constituency of oncologists with whom we can work.” Under the Mental Health pillar is the 24/7/ 365 call centre which is based on mental health and gender-based violence. “We found the need to established this call centre stemming out of the Covid-19 pandemic and the mental health issues that we had all faced as well as the state of gender-based violence especially within a South African context,” said Nadim. “We have also identified a constituency of psychologists with whom to work, who are based at the DUT Counselling and Health Unit. Although the establishment of the 24/7/ 365 Call Centre may be a one-to-two-year project to open up to the wider community the RR Foundation has identified how they can begin immediately. Through the Aurora Hospice for Children, families who may need mental health support have been identified. For more information Nadim Aziz , CEO of the RR Foundation 063 726573 nadim@rajenreddyfoundation.org Yashna Sookoo, Fundraiser of the RR Foundation 071 553 4007 yashna@rajenreddyfoundation.org Mbuso Dlamini, Marketing Manager of the RR Group 081 454 8610 marketingmanager@rrgroup.africa

The history of this RR Foundation project began in 2020. Mr Rajen Reddy was invited by the Indonesian Embassy in Pretoria to participate in a webinar, which had as its focus ethical leadership. The webinar’s title was ‘Ubuntu values in the Hasta Brata story of Javanese Puppet Play’. Javanese Puppet Play, or as it is known, Wayang Kulit, is used in Indonesia as a form of storytelling, which is didactic in function and dates back to 10th century CE. Wayang Kulit translates to ‘Shadow Puppetry’. “We found that communities in Indonesia use this form of storytelling within communities to engage and solve societal problems and challenges together,” commented Nadim Aziz, CEO of the RR Foundation. “Since the webinar, we discovered that there was much similarity between Ubuntu values which are South African and Hasta Brata values which are Indonesian.” “We saw a need to adopt this form of storytelling within a South African context, which could give a voice to the untold struggles and stories of our people of the past,” explained Aziz. In addition, Rajen Reddy had a passion for the stories and struggles of the people he had encountered along his journey. “I believe telling stories is of the utmost importance - to continue telling history - so we can correct, we can be better, and so we can have a better life for everybody,” explained Mrs Esay Reddy, CEO of the RR Group. Since the webinar, a preparatory committee was formed, which included experts on Wayang Kulit from Airlangga Universitas Indonesia, Wayang Kulit Character Development from University of Bern Switzerland, and SMME Development, Arts & Drama and Community Development from Durban University of Technology (DUT), as well as representatives of the RR Foundation. The RR Foundation is in charge of facilitating the necessary skills, knowledge and expertise to transfer this form of storytelling within a South African context. As such, the RR Foundation has brought the project to a practical stage of implementation. Through their publishing house, Nadim Books, they have published a book for free distribution entitled, The Art of Storytelling. This book was promoted at the inaugural Durban International Book Fair 2022. Click on the link to download a FREE copy of the eBook. https://qr1.be/P7VM “Through the Durban University of Technology (DUT) we are now on the way to develop an online Wayang Kulit module which will be open access to all students and non-students across South Africa. This will allow participants to develop an understanding of Wayang Kulit story telling. From this module we would like to identify key or high potential stories, which can be developed into theatrical performances,” commented Aziz. In addition, there is high potential for DUT’s Centre for Social Entrepreneurship to be engaged on the SMME side through the development of Wayang Kulit puppets as well as in content development and theatrical production. DUT will serve as the intellectual base for the project, Airlangga Universitas will provide the technology transfer, and through their association with World University Association for Community Development (WUACD), about twenty international universities have also come onboard to use higher education as a vehicle to develop communities and improve the quality of life of people through this form of storytelling. For more information contact: Nadim Aziz CEO of the RR Foundation nadim@rajenreddyfoundation.org

SA's oldest Triathlon series now has 12 events scattered around South Africa, the 2023 TINMAN Series will motivate, excite and push you to reach your 2023 fitness goals! The now National Series gives budding athletes the perfect Series to grow with throughout 2023. Start off small and become an experienced athletes ready to tackle any race by the end of the year. The tinman series is perfect for those who like to keep moving and it’s the oldest the biggest family tri-series in south africa. the series was started in 1999 and has become very popular nationally and a household name to many athletes. The tinman series is a fun, family orientated series that includes multiple events during a calendar year, all of them taking place at the same venue, utilising full road closure and flat running routes. the tinman series is a popular family orientated series that includes 3 triathlon events on the day as well as a 10km running race and a duathlon. Come join us for this ultimate family multisport event, enter the first one and watch how your fitness and racing improves during the year. Events you can enter: 10km Run (12yrs up) Mini Tri (200m Swim / 5km Cycle / 2.5km Run) 8yrs up. Sprint Tri (600m Swim / 20km Cycle / 5km Run) 16yrs up. Sprint RELAY TEAM (600m Swim / 20km Cycle / 5km Run) Challenge Tri (1.2km Swim / 30km Cycle / 10km Run) 17yrs up. Challenge RELAY TEAM (1.2km Swim / 30km Cycle / 10km Run) Challenge Duathlon (10km Run / 30km Cycle / 5km Run) 17yrs up. All athletes get an awesome safe, fun, family event, a finishers medal or similar and an ice cold aQuelle finishers drink! Enter one of our exciting events and get ready to conquor 2023. Click here to get more info

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. In order 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 mployees who commit misconduct. Legislation, in particular 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, in order 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 has to 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 conduct an investigation 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 in order to allow the employee reasonable time to prepare his/her case against the allegations. Generally speaking, two 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 in order 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 in order 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 has to 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 has to 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 has to 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. www.drg.co.za