| 8.1 |
An employee may appeal a finding or sanction by completing Annexure E. |
The appeal shall be in the form of a documentary (paper) appeal.
| 8.2 |
The employee must, within five working days of receiving the notice of the final outcome of a hearing or other disciplinary procedure, submit the appeal form to his/her Personnel Office or to his/her manager/supervisor, who must acknowledge receipt thereof and who shall then forward it to the appeal authority. |
| 8.3 |
The appeal authority may, on good cause shown, condone the late lodging of an appeal. |
| 8.4 |
The appeal authority, who shall consider the appeal in non-dismissal cases, shall be: |
| 8.5. |
A manager of higher grade than the chairperson of the original hearing; and |
| 8.5.1.1. |
Who was not involved in the decision to institute disciplinary proceedings. |
| 8.6 |
The appeal authority, who shall consider the appeal in dismissal cases, shaII be: |
| 8.5.1 |
The Deputy Regional Commissioner/Deputy Commissioner who may be assisted by the Regional Heads of Legal Services and Employee Relations, and who |
| 8.6.1.1. |
Was not involved in the decision to institute the disciplinary proceeding. |
| 8.7 |
If the persons referred to in paragraphs 8.4 and 8.5 require a hearing [new evidence], she or he shall notify the employee of the date and place. |
| 8.8. |
The appeal authority may: |
| 8.8.1. |
Find the appellant not guilty and set aside the verdict and sanction; and/or |
| 8.8.2. |
Confirm the verdict of the disciplinary hearing and reduce the sanction; |
| 8.8.3. |
Confirm the verdict and sanction of the disciplinary proceeding; or |
| 8.8.4. |
Order a hearing de novo i.e. a complete re-hearing by a new impartial chairperson, only if found that the initial hearing contained gross procedural errors that were material to the employee's dismissal. |
| 8.9. |
The appeal authority must provide reasons for his/her decision. |
| 8.10 |
The Department must finalize appeals within 30 working days from the date of the receipt of the appeal, failing which, in cases where the employee is on suspension after dismissal, he/she (after the expiry of the 30 working days) must resume duties immediately and await the outcome of the appeal. The Area Commissioner shall decide on the placement of the employee. |
Council for Medical Schemes Levies Act, 2000
