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Appeal ruling - Disciplinary hearing
The ruling and reasons for the decision given by the chairman of an appeal hearing.
Sub Category
Disciplinary hearings
Document Type
Appeal ruling TMP2.docx
Publish Date
Johanette Rheeder
Document Format
RULING FOR DISTRIBUTION (Applicant employee v Respondent employer) To: (complainant, manager, union, alleged offender and HR) From: (chairperson of appeal) Date: Subject: Appeal outcome ___________________________________________________________________ Present: Chairperson Complainant Alleged offender Shop steward/co-employee Human Resources Interpreter Observers A. Grounds of appeal as presented: 1. Substantive unfairness 2. Procedural unfairness 3. Sanction too severe 4. New evidence or facts 5. Bias of chairman of disciplinary hearing 6. Mitigation not considered (Attach in the appeal form) (List documents used in appeal) B. Evidence/facts presented at the appeal hearing: Date of appeal hearing: (List evidence and procedure followed) C. Consideration of facts and reasons for finding: (List fully) D. Finding: I have considered the grounds of appeal, the documents and/or evidence presented and find as follows: e.g. (The ruling of guilty as given by the chairman of the disciplinary hearing was fair and correct; and I find the sanction as applied by the chairman of the disciplinary hearing to be consistent with the disciplinary code and procedure and to be a fair sanction based on the evidence presented in the disciplinary hearing and the appeal hearing; or I find the sanction of dismissal to be warranted and suitable for the serious misconduct the Alleged offender was found guilty of; and therefore not too harsh.) I therefore uphold the finding and/or the sanction of the chairman of the disciplinary hearing of _____________; or I therefore dismiss the finding/sanction of the chairman of the disciplinary hearing and replace the finding with that of not guilty/or replace the sanction with that of (warning).