AN EMPLOYEE WHO CHOOSES NOT TO ATTEND A DISCIPLINARY HEARING DOES SO AT HIS/HER OWN PERIL

Even if the employee has objections to the process and procedure, the employee is obliged to participate in the hearing in order to be able to raise an objection at a later stage.  In an interesting court case, Foschini Group v Maidi & Others in the Labour Appeal Court, employees were invited to a disciplinary hearing but had failed to attend.  The employees had initially objected to the presence of an initiator but they should have participated and placed their objections on record as opposed to avoiding the disciplinary hearing.

Any employees who refuse to attend disciplinary hearings without a medical certificate or very valid reasons cannot be heard at a later stage to raise an objection to the process.