Course 5 - Work place discipline and dismissal

Module 1 : Introduction

• Why do we have discipline and the Constitutional effect on our workplace

Module 2 : Procedures in labour law

• The disciplinary code
• Procedural and substantive fairness
• Can an employer dismiss for derivative or team misconduct?
• Can I hold a second hearing for the same offence?
• Entrapment
• Double jeopardy
• The minimum requirements for a fair disciplinary hearing
• The right to representation at disciplinary hearings

Module 3 : Discipline and Dismissal

Section 1: Dismissal for misconduct
• Specific forms of misconduct
• Dismissal for misconduct
• Dealing with misconduct outside the workplace
• Dealing with imprisoned employees 

Section 2: Forms of discipline
• Types of warnings and when are they appropriate?
• Suspension
• Demotion as alternative to dismissal

Section 3: Unfair dismissals
• Categories of unfair dismissals
• Automatic unfair dismissals

Section 4: Poor performance
• Dismissal for incapacity due to illness and poor performance
• Dismissal while on probation

Module 4 : Unfair labour practices

• Promotion, demotion, probation and benefits
• Unilateral changes to terms and conditions of employment
• Remedies for unfair labour practices

Module 5 : Labour law in general

• Constructive dismissal
• Payment on termination
• How to deal with shop stewards and union misconduct
• Withdrawal of resignations
• Resignation before the hearing
• Breaking the trust relationship
• Legitimate expectation
• Renewal and termination of fixed term agreements