Read the following extract and then answer the questions below
Industrial Court of the Republic of Botswana, Modimoosi v Pathfinder Enterprises
Pathfinder Enterprises dismissed Mr Modimoosi after a disciplinary hearing was conducted. Mr
Modimoosi issued a legal proceeding against Pathfinder Enterprises on the basis that the dismissal
was illegal and unfair citing that he was not given enough time to prepare for his case and that the
Chairperson was not fair. The Industrial Court determined, based on the evidence before it, that
the dismissal was substantively fair. The Court stated, however, that is also needed to consider if
the process that led to dismissal was procedurally fair.
a) Having read the extract above, Elaborate on what is considered to be a fair disciplinary
procedure which Pathfinder Enterprises need to follow (10 marks)
DIPLOMA Assignment
January-June BLR 612 –Labour- Relations
© BOU 2024 Page 7 of 8
b) Describe the steps to be taken by Pathfinder when disciplining Mr. Modimoosi. (10
marks)
a) In order for a disciplinary procedure to be considered fair, Pathfinder Enterprises need to follow certain key principles. These include:
- Providing the employee with a clear statement of the allegations against them: Mr. Modimoosi should be informed in writing of the specific charges against him and the potential consequences of these charges.
- Allowing the employee a reasonable opportunity to prepare their defense: Mr. Modimoosi should be given adequate time to gather any relevant evidence or witnesses to support his case.
- Conducting a fair and impartial hearing: The Chairperson overseeing the disciplinary hearing should be unbiased and open-minded, allowing Mr. Modimoosi the opportunity to present his case without prejudice.
- Allowing the employee to be accompanied by a representative: Mr. Modimoosi should have the right to have a colleague or union representative present during the disciplinary hearing to provide support and assistance.
- Providing a written decision: After the disciplinary hearing, Pathfinder Enterprises should provide Mr. Modimoosi with a written decision outlining the outcome of the process and any further actions to be taken.
b) The steps that Pathfinder Enterprises should take when disciplining Mr. Modimoosi include:
- Inform Mr. Modimoosi in writing of the allegations against him and the date, time, and location of the disciplinary hearing.
- Provide Mr. Modimoosi with all relevant evidence and information related to the allegations against him.
- Allow Mr. Modimoosi a reasonable amount of time to prepare his defense, including gathering any evidence or witnesses to support his case.
- Ensure that the Chairperson overseeing the disciplinary hearing is impartial and unbiased.
- Allow Mr. Modimoosi to be accompanied by a representative of his choice during the disciplinary hearing.
- Conduct the disciplinary hearing in a fair and thorough manner, giving Mr. Modimoosi the opportunity to present his case and respond to the allegations against him.
- Provide Mr. Modimoosi with a written decision after the disciplinary hearing, outlining the outcome of the process and any further actions to be taken.