‘My manager called me in and said he’s not happy with my work, therefore I have to pack up my things and leave immediately – should I leave?’ The quick answer is ‘no’ – and here’s why.

Firstly, let’s look at the Latin phrase ‘Audi Alteram Partem’, which refers to the principle of ‘to hear the other side’.

In basic terms it means that no individual should be judged without a fair hearing, and every individual must be given a fair opportunity to argue their case. It is applicable to formal disciplinary hearings, but also to any prior proceedings, such as suspension, that could cause an infringement of an individual’s existing rights and privileges, and could potentially prejudice the individual.

It also includes the right of an individual to receive ample notice of a hearing in which they are involved, and, even more importantly, it includes the right to have enough time to prepare for the hearing and to be given an opportunity to be represented in the hearing, for instance by your MISA representative, who can give you expert legal and other advice.

Several steps should be taken to ensure the Audi Alteram Partem rule is complied with where disciplinary charges are brought against an employee. These include:

• The employee should be given reasonable notice of the impending hearing.
The reasonableness of the amount of notice given will depend on factors such as the seriousness and complexity of the case.

• The hearing must precede the decision.
The hearing must be timeous, to ensure that it takes place when the facts are still fresh in the minds of the parties and their witnesses. However, where the employee requires time to prepare for the hearing or to arrange for representation, they should be given a reasonable opportunity to do so.

• The employee must be informed
The employee must be informed of the charge(s) against them, to meet the need for adequate preparation.

• The employee should be present at the hearing
But if they refuse to attend the hearing without good cause or have absconded, the employer may be entitled to proceed with a hearing in the employee’s absence.

• The employee must be permitted representation.

• The chairperson must be impartial.

In short, the Audi Alteram Partem rule states that no individual should be punished or expected to compromise their rights without being heard.

And remember if you need help, MISA is always a phone call away!

Article by MISA’s Legal Department.

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