Case law and information on virtual disciplinary hearings

What does legislation and case law say about online / virtual disciplinary hearings?

In the case of MTWU obo Nonyane and Star Express CC, the Arbitrator had to make a ruling on a disciplinary hearing that was conducted via Skype as long ago as 2013. The Arbitrator ruled after a minute of the hearing was presented to him as follows:-

“The minute does not deal with the issue of Skype at all, but both the applicant and Tsoai raised it as an issue. I would however find that Skype would be acceptable for an inquiry of this nature as it is a video call.”

In our view the Arbitrator made the correct decision and it still stands. Conducting a disciplinary hearing virtually will save time and costs for both the employer and employee. If any party wants to call a witness that has moved away it can be arranged by a simple invite from the chairperson and the witness can join the proceedings from anywhere. Cross examination during a virtual hearing is similar to a conventional hearing where all parties are present in one room. In fact it counts in favour of the participants to testify in a friendly environment with the chairperson on screen.

In the existing online environment conducting your disciplinary hearing virtually makes absolute sense. If you remain uncertain contact Savage Rowley for a short mock hearing at no cost to your company.

SJ Savage