Who should conduct a disciplinary appeal hearing?

A disciplinary appeal should be heard, where possible, by a manager who is more senior than the person who conducted the original disciplinary hearing, and who has not previously been involved in the investigation or proceedings.

If there is no more senior manager, as may be the case in small businesses, another manager should hear the appeal. If there are no other managers, there may be another suitable person who could hear the appeal, for example the business owner. The employer could also consider engaging an HR consultant to conduct the hearing, if it is prepared to accept external involvement in the appeal decision.

If it is not possible for the appeal to be held by someone other than the person who conducted the original hearing, the employer should make it clear to the employee that the disciplinary appeal will be treated fairly and objectively.