| (a) |
An employee who is served with a notice in terms of regulation 8(4) to attend the disciplinary hearing at the place, date and time specified in such notice, is regarded to be on duty. |
| (b) |
The employee may at any time after receipt of the notice, but not later than two (2) working days before the date of such hearing, liaise with the employer representative with a view to reschedule such a hearing to an agreed place, date and time: Provided that the final decision on this matter ultimately rests with the employer representative. Such request should not be unreasonably denied. |
| (c) |
If the hearing is rescheduled, the employer representative must inform the chairperson thereof on or before the date stated in the notice, and the chairperson must endorse the original notice to this effect. |
| (2) |
In the event that the employee fails to— |
| (a) |
appear at the place, date and time specified in the notice or such rescheduled place, date and time; or |
| (b) |
remain in attendance at the disciplinary hearing, |
such failure shall, subject to subregulation (3) and (4), constitute misconduct.
| (a) |
Upon a failure as contemplated in subregulation (2), the chairperson must agree to postpone the hearing for not less than seven (7) calendar days and the notice of the postponement, issued by the chairperson, must be served on the employee. |
| (b) |
The notice of postponement must be in a form determined by the National Commissioner. |
| (4) |
On the date to which the disciplinary hearing has been postponed, the chairperson must summarily inquire into the failure of the employee to appear or remain in attendance at the disciplinary hearing, and, in the absence of good cause shown, make a finding that the employee committed misconduct. |
| (a) |
In the event that the employee fails to appear at the disciplinary hearing on any date to which the disciplinary hearing has been postponed, or a to which it was postponed in terms of subregulation (3)— |
| (i) |
the employee shall, from the date of such failure to appear or remain in attendance, be deemed to be suspended without remuneration; and |
| (ii) |
the chairperson must postpone the disciplinary hearing indefinitely, and the disciplinary hearing shall only reconvene at the instance of the employee concerned, after liaising with the employer representative, as contemplated in sub-regulation (1)(b): Provided that in the event that the employee fails to take steps to reconvene the hearing within two (2) months of such date, the chairperson must record such failure on the record of the disciplinary hearing and the employee shall forthwith be deemed to be discharged from the Service in terms of this regulation. |
| (b) |
In the event of a hearing being reconvened in terms of subregulation (5)(a)(ii) the chairperson must summarily inquire into the reasons for the employee's failure to appear or remain in attendance at the disciplinary hearing and confirm or set aside the suspension as contemplated in subregulation (5)(a)(i). |
| (c) |
Notwithstanding paragraphs (a) and (b), the chairperson may, on good cause shown, at any time set aside a suspension contemplated in subregulation (5)(a)(i), |
| (d) |
Notwithstanding paragraphs (a) and (b), the chairperson may, upon good cause shown, decide that the employee must not be suspended and that the hearing be postponed to a later date. |
Statistics Act, 1999
