Today I chaired a hearing that took 2 hours. That is not the usual, but it is also not that uncommon. If I were to estimate I would say that the average time for a hearing is between 30mins to an hour. But, here are some factors I consider when it comes to the time it takes to complete a disciplinary hearing.
Why do we need to know how long a hearing takes?
A large portion of the work I do is chairing disciplinary hearings. It is helpful to have some idea of how long hearings take so that I can schedule other meetings and work accordingly.
It is helpful for employers to know how long a hearing takes to be able to schedule their time around the hearing, as well as have a cost estimate if they are paying the chairperson an hourly fee. It is also helpful for employers (and when I say employers, I also mean managers representing the employer) to know how long witnesses (if there are any) and/or employee representatives will be away from their work to participate in the hearing.
Therefore, as much as I prefer not to focus too much on the time it takes to complete a hearing – there are practical and cost considerations.
How much time do I set aside for a hearing?
There isn’t a straightforward answer to this. It depends on the client, the disciplinary offence, and other factors around the disciplinary hearing. I’ll provide the answer but before I do, here is something important I would like to share:
I used to chair hearings where my diary was scheduled for me, and I simply showed up to the hearing. In my experience this often resulted in major discrepancies between the time allotted and the time the hearing takes, or it resulted in immense pressure to conduct a hearing faster than I would like to conduct it. I can complete a hearing very quickly, but if the desired outcome is speed, it will come at a cost. The cost wouldn’t be to the procedural fairness since the requirements for procedural fairness are fairly easy to comply with. In my experience it comes at the cost of empathetic and effective employment relations.
I don’t measure my success as a chairperson by how many people refer their cases to the CCMA, but it is a tangible metric to depict the point I am making and therefore I am going to use it.
When I used to work under time pressure, and I was expected to complete several hearings a day in short periods of time – I could reasonably assume that several of those individuals may opt to challenge the outcome and/or the procedure at the CCMA. This was considered normal.
When I started Fourie Employment Relations, for many reasons, I decided that I would not schedule a hearing in a way that creates a time pressure for me. I knew this meant I would schedule less work on any day and that it would mean less income for me. I was willing to make less money to ensure that I could give my full attention to the disciplinary hearing and not clock watch. That I could allow time and slow things down when emotions became incredibly heightened in hearings (as they often do) and that I could slow down to ensure that at every step of the way I could give the time necessary to ensure there were no misunderstandings and to clearly take the employee sitting there with me as I share how I interpret the information presented to me, the factors I consider and exactly how and why I come to the decision I do.
And I would like to clarify here – I value efficiency. I do not unnecessarily slow down a hearing and when I conduct a hearing I do so efficiently. Because I have done so many hearings, I can easily tell what information is or isn’t relevant and I can guide the hearing to stay on track and on point. I would like to stress here that a hearing shouldn’t be unnecessarily long.
That all being said when I schedule a hearing, I generally put aside 2 hours, even though 90% of the hearings I do take between 30 mins to an hour, with a large portion of the 90% taking closer to 30 mins than an hour. This means that most of the time I have set aside more time for a hearing than is needed.
But what I have experienced from doing this and why I continue to do this is – If I set aside 2 hours I am never rushed in the hearing. If I set aside 2 hours, I can comfortably allow time for heightened emotions, disruptive conflict and to ensure clarity throughout the hearing. I can allow time for unexpected complexities in the case without needing to reschedule or disrupt the rest of my day. And while the extra time may only be needed in 10% of those cases. What I have experienced from my decision to schedule my hearings this way is that I cannot remember the last time an employee challenged an outcome or procedural fairness of a hearing I chaired. I have not had a single case referred to the CCMA in over a year and I have chaired many hearings.
It is my belief that the reason the cases are not going to the CCMA is because I am taking the time to clearly take the employee along with me as I interpret the information, I calmly and empathetically allow for their heighted emotions (sitting in a hearing can be very scary and their jobs are at stake – their emotions are valid), and I am fully present with their case. By the time I give an outcome in a hearing there are no surprises. The employee has clearly understood how every bit of information discussed impacted that decision.
And just like I think there is danger in using time as a metric of a good hearing – I do not determine my success as a practitioner based on how many cases go to the CCMA, because then I run the risk of issuing lighter sanctions for fear of CCMA cases. The only reason I am sharing what I have experienced in regard to the CCMA case referrals is because it is a quantifiable way to show the value of truly effective and empathetic employment relations.
All our choices have consequences. I believe that when hearings are chaired under time pressure and without empathy for the individuals involved – it will result in more resources wasted in the medium to long term. So – you might save time today, but you will probably spend more time and money on another day.
Concluding remarks
Having said all that – the other reason I schedule my own hearings is because I can often tell based on experience how long or short a hearing may be, and some offences are inherently more complicated than others. So while I say that I generally schedule 2 hours, there are times where I will set aside less or more time. Discrepancies in time allotted and the time a hearing takes, in my opinion, result often when the hearing time is scheduled by someone who does not have experience with hearings.
I am currently working on a Youtube video titled: Mistakes I made as a chairperson – subscribe to my Youtube channel to avoid missing a video.
I am also currently working on a workshop for leaders on how to chair disciplinary hearings, because I believe many hearings can be done internally if the leaders have the right resources (checklists, forms, notifications, and other documents), as well as a bit of guidance and skill building. I believe that only some hearings should be chaired by a professional. Follow me on social media to see upcoming workshops or contact me if you want a specific workshop for your leaders.
If you would like me to chair a hearing, you can contact me at: admin@employmentrelations.co.za.
A useful resource for leaders is my disciplinary guide that includes 65 offences and my recommended disciplinary sanctions for the offences. This document has been used by several managers in different companies and so far the feedback is that it is very helpful with managing the day to day disciplinary action.
I also have a disciplinary bundle available that includes a notice to attend a disciplinary inquiry template, suspension template and warning templates.
Information about the documents for sale:
The sale of the documents goes towards hosting this website and the Youtube video editor. Having an editor allows me to put out free information while still offering consulting services. Please consider purchasing a template if you believe it will be useful.
The documents are drafted with the South African Employment Relationship and Legislation in mind. They are priced in dollars to facilitate the document being available immediately after payment has been made. Payment is made through a secure Paypal portal and this portal accepts South African bank accounts/cards. Once payment has gone through, the document will be available for download. If you would prefer another payment method, please email admin@employmentrelations.co.za.
Employment Relations Practitioner & Director of Fourie Employment Relations Pty Ltd