Course Name
Course 2 - Chairing & Initiating Disciplinary Hearings
Course Description
Disciplinary hearings are a common occurrence in the workplace and part and parcel of the manager and shop steward’s daily functions. Employees and employers alike are entitled to fair labour practices. Employers must know how to investigate misconduct and charge employees appropriately. This two day practical course should be attended by chairpersons, complainants, managers, HR and ER managers and practitioners, legal advisers, shop stewards, and union representatives.
2 days
R 4 680.00

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Module 1 : The LRA

• What does the Act say about disciplinary hearings?

Module 2 : Schedule 8 – Code of conduct on misconduct

• Role of your disciplinary code and procedures.

Module 3 : Reporting and investigating misconduct and role players

• Deciding on formal or informal procedure to follow.
• Deciding on the charges, how to draft charges and how to charge an employee, compounding and splitting of charges.
• Pitfalls to avoid when charging employees

Module 4 : Pre disciplinary procedures

• Charging the employee,
• Suspension, postponements,
• Legal representation, union representation,
• Appointing the chairperson,
• Delaying tactics and how to deal with it.
• Employees falling ill during disciplinary procedures
• Resignation during disciplinary procedures

Module 5 : Substantive and procedural elements of a disciplinary hearing.

Module 6 : The role of the Initiator/complainant

• How to collect, present and evaluate evidence – statements, affidavits, exhibits, witnesses, electronic evidence.
• Preparation for the hearing – do’s and don’ts
• Opening and closing statements, the burden of proof, sources of evidence.
• Evidentiary tools and pitfalls

Module 7 : How to lead and cross examine a witness

Module 8 : The role of the Chairperson

• How to chair the hearing?
• The conduct of the chairperson, bias, pitfalls and do’s and don’ts;
• Independence of chairperson
• How to evaluate and assess the evidence
• What to do if the evidence is not presented properly
• How far can the chairperson be involved or interfere in the hearing?
• How to make a decision about guilt or innocence

Module 9 : Mitigation and aggravation and different sanctions

Module 10 : Warnings, counselling and dismissal

Module 11 : Trouble shooting

• Discussion on hearsay evidence, traps, different defences
• Polygraph evidence, expert evidence, admissions and confessions
• Witnesses refusing to testify.

Module 12 : Role play and practical exercises

• Delegates will conduct a mock disciplinary hearing on the second day.