Chairing Disciplinary Hearings
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.
Description
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.
Course Objectives
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
How will this Training Course be Presented?
Live-Online
Who is this Training Course for?
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.
The Course Content
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