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Title
Applying the rule test in disciplinary hearings
Description
This document gives detailed instructions on how to apply the rule test for disciplinary hearings, During any disciplinary hearing, the employer must prove that the employee is guilty of the misconduct, on a balance of probabilities, therefore the employer must prove that the employee is probably guilty of the misconduct, not that the employee is guilty beyond a reasonable doubt. In the workplace, the employer runs its business mainly according to rules, policies and procedures,
Category
Discipline
Sub Category
Disciplinary hearings
Document Type
Information Sheet
Filename
Applying the rule test in disciplinary hearings.pdf
Publish Date
22/09/2025
Price
R95.00
Author
Johanette Rheeder
Document Format
PDF

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During any disciplinary hearing, the employer must prove that the employee is guilty of the misconduct, on a balance of probabilities, therefore the employer must prove that the employee is probably guilty of the misconduct, not that the employee is guilty beyond a reasonable doubt. In the workplace, the employer runs its business mainly according to rules, policies and procedures, whether it is work rules, standard operating procedures, or disciplinary rules and procedures. When employees commit an act of misconduct, the break rules, and the employer must prove that the employee is guilty of breaking these rules. In order to comply with the rule of fairness as set out in the Constitution and the Labour Relations Act, an employer must prove certain allegation in order to prove that the employee is in contravention of the rule. This is commonly called the rule test. In order to pass the rule test, the employer must answer the following: Has a rule or standard been broken, or a policy or procedure or the employment contract been breached?

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