In a small organisation with few managers, what is the expectation about where appeals against a dismissal would go? If an external ‘expert’ is used, could an employee state that because the expert is being paid by the company he/she is not impartial?

Employees are entitled to an independent appeal of a disciplinary sanction; however, this does not necessarily entitle employees to have their appeal heard by a third party.

In smaller organisations, it may not be possible for the appeal to be heard by an individual who is wholly unaware of the circumstances surrounding a sanction imposed. This does not, in and of itself, render the disciplinary procedure unfair.

However, the employer must ensure that the decision maker at the appeal was not the decision maker in the disciplinary hearing or involved in conducting the initial investigation into the disciplinary matter.

Prior to the appeal hearing, the employee should be notified of the