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Chairing Disciplinary Hearings course will empower delegates who participate in disciplinary enquiries with relevant up-to-date labour legislation procedures within the South African legal framework.
This 2 days course is designed to assist delegates in gaining a better understanding of the principles and techniques necessary in preparing for, and initiating a Disciplinary Hearing in the context of current South African legislation, thereby allowing them to manage their area more effectively and avoiding unfair labour practice that may result in disciplinary actions being overturned by the relevant legislative bodies.
By attending this ICL training course, delegates will be able to:
List the types of offences that would lead to a disciplinary hearing
Prepare, investigate and formulate the appropriate charges for any given disciplinary hearing
Explain the role of the initiator and chairperson at a disciplinary hearing
List the steps and procedure that should be followed in a disciplinary hearing
Explain what mitigating and aggravating circumstances should be considered in any disciplinary finding
Explain the procedure of an appeal and the role of an initiator in the appeal
After completion of the workshop participants will have a clear understanding on how to chair and manage a disciplinary hearing and should be able to reach a decision by taking all the circumstances into consideration.
Practical exercises and role plays
Delegates will receive the opportunity to participate in groups and to practically chair cases in a simulated environment
Live-Online
This course is intended for line managers and human resource practitioners who may be called upon chair disciplinary hearings. Second level managers such as a heads of department, section heads or divisional heads, and may have more than one team reporting to them.
What is a dismissal?
Definition
Unlawful and unfair dismissals
The Code of Good Practice - Dismissal
Dismissal for misconduct
Introduction
Guidelines in cases of dismissal for misconduct: Item 7 of the Code
Is there a rule?
Was the employee aware of the rule?
Did the employee contravene the rule?
Is the rule or standard a valid or reasonable rule or standard?
Validity
Reasonableness
Was dismissal an appropriate sanction?
Gravity of the contravention
Reasons for not dismissing: has the rule been consistently applied?
Reasons for not dismissing: factors that may justify a different sanction
Employee’s circumstances
Nature of the job
Circumstances of the contravention
Fair procedure
Introduction
The right to be informed of the charges
Charges must be clear
No splitting or duplication of charges
The right to a proper opportunity to prepare
The employee’s right to be heard and to present a defence
The right to be fairly judged
Suspension
The disciplinary hearing
Conduct of the chairperson and bias
Changing the finding of the chairperson on appeal
Double jeopardy
Electing a chairperson
Specific types of misconduct
Introduction
Derivative misconduct
Misconduct outside the workplace
Absence without leave or permission
Absenteeism
Abscondment
Desertion
Imprisoned employees
Failure to inform the employer of the reasons for absence
Abusive language and racist remarks
Abuse of sick leave
Assault
Competing with the employer / conflict of interest
Damage to property
Negligence
Disclosing confidential information
Dishonesty
Alcohol and drugs
Falsification
Fraud
Bringing the employer’s name into disrepute
Insolence/insubordination
Refusal to work overtime
Sexual harassment
Sleeping on duty
Theft/unauthorised possession
Evidence and findings in disciplinary hearings
Leading and testing evidence and versions
The opening statement
Evidence in chief
Cross-examination
Re-examination
Written statements
Evaluating evidence
Evaluating evidence and making a finding
Evidentiary burden
Evidence: sources, types and admissibility
Site inspections or inspection in loco
Customers and suppliers
Written statements and affidavits
Probative material
Oral evidence
Real evidence - photographs electronic evidence and video tapes
Admissibility and weight of evidence
Relevance of evidence
Character evidence
Similar fact evidence
Opinion evidence
Expert evidence
Previous consistent statements
Hearsay evidence
Privileged evidence
Illegally obtained evidence
Direct and circumstantial evidence
Entrapment
The cautionary rule
Admissions
Confessions
Polygraph tests
A step-by-step checklist for disciplinary hearing chairpersons
Disciplinary code
Practical exercise
The disciplinary process