The Role of the Investigator and Complainant in Disciplinary Hearings

Module 1 : DL08: Investigating & Charging in Disciplinary Hearings

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 and to escape a reinstatement or compensation award in the CCMA.

This three-hour online workshop should be attended by chairpersons, complainants, managers, HR and ER managers and practitioners, legal advisers, shop stewards, and union representatives.

Course Outline / Modules / Sessions

Module 1 Session 1:

• Introduction
• Schedule 8 – Code of conduct on misconduct
• Introduction
• Fair reason for dismissal
• Fair procedure
• Disciplinary measures short of dismissal
• Role of your disciplinary code and procedures
• Role Players in disciplinary process

Module 1 Session 2:

• Reporting misconduct
• How is misconduct reported?
• Who must investigate?
• Deciding on formal or informal procedure to follow. 
• Suspension
• Investigating the misconduct
• The investigation diary
• Consulting witnesses and drafting statements
• Sources of evidence.

Module 1 Session 3:

• 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
• Notice of disciplinary hearing
• Pitfalls and Evidentiary tools