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You can’t dismiss an employee beyond a reasonable doubt

Reports are rife this morning with news about the allegations that a cell has already been prepared for Oscar Pistorius at the Kgosi Mampuru II prison ahead of his sentencing tomorrow. As Pistorius faced a criminal case, he had to be found guilty of his crimes 'beyond a reasonable doubt'. In a disciplinary hearing, this standard doesn't apply. The chairman, in a disciplinary hearing, has to make his finding 'on a balance of probabilities'. What does this mean?

According to paralegaladvice.org.za, a 'balance of probabilities' is defined as 'the amount of proof that you need to win a civil action; when you weigh up the two sides in the civil action, you have to show that your story is stronger than the other side's story on a balance of probabilities."

How does this translate into a disciplinary hearing?

Say, for instance, that one of your employees was found guilty of a particular type of misconduct that merited dismissal in the disciplinary code of your company. According to labour law, that employee would need to undergo a disciplinary hearing before any decision could be made with regards to dismissal. During that hearing, you and the employee would have an opportunity to present evidence to support your various cases. The chairman would then have to decide, on a balance of probabilities, whether or not the employee's misconduct merits dismissal.

To read more of our articles on dismissal, click here.