Course Name
Course 5 - Workplace Discipline & Dismissal
Course Description
This course deals with the interesting and ever increasing challenges managers, ER and HR face every day. The course looks at interesting scenarios, dealing with topics of discipline and dismissal such as legal representation, imprisoned employees, team misconduct, suspension, demotion, constructive dismissal, legitimate expectations, misconduct by shop stewards, unfair labour practices to name but a few. The ideal delegate would be Managers, HR managers and consultants, unions and legal advisers.
1 day
R 2 950.00

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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