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    The investigation, preparation and presentation of the case for the complainant at the disciplinary hearing

     A Two Day Course for

    Initiators Investigators



    06 & 07 April 2017: Southern Sun: OR Tambo International Airport



    SA Labour Guide is an accredited training Provider with Services Seta 




    Click here to download registration forms for 06 & 07 April 2017: Southern Sun: OR Tambo International Airport


    Table of Content


    Module 1 – Introduction        


    Module 2 – Schedule 8: the Code of Good Practice on dismissal              

    • Introduction
    • Fair reasons for dismissal
    • Automatic unfair dismissals
    • Standard of conduct
    • Progressive discipline
    • Dismissals for misconduct
    • Fair procedure
    • Disciplinary records
    • Dismissals and industrial action
    • Probation
    • Incapacity: poor work performance
    • Incapacity: Ill health or injury
    • Right to fairness and dismissal as defined by the LRA


    Module 3 – Fair procedure prior to disciplinary action  


    Module 4 – The role players in the disciplinary process               

    Who does what?            

    • The chairperson
    • The initiator
    • The interpreter
    • Witnesses
    • The secretary
    • The accused employee
    • The accused employee’s representative

    The appointment of the investigator    


    Module 5 – The sources of evidence     

    • Introduction
    • Witnesses
    • The accused employee
    • Accomplices
    • Documentary and physical evidence
    • Security guards
    • Site inspections
    • Customers and suppliers


    Module 6 – Identify and investigate the misconduct

    • First step - the accused person is an employee of the company
    • Second step - the complaint
    • Third step
    • What must the investigator look for?
    • Examples of transgressions
    • Bringing the employer's name into disrepute
    • Willful damage to the employer's property
    • Disobeying safety rules and regulations
    • Fraudulent timekeeping, fraud or forgery
    • Falsifying of documents
    • Assault or indecent assault
    • Abusive language, disorderly behaviour, racism or racist comments
    • Insubordination
    • Conflict of interest/dereliction of duty
    • Dishonesty
    • Sexual harassment
    • Refusal to work overtime without a valid reason - despite the fact that reasonable notice was given
    • Unauthorised or unlawful possession of drugs or alcohol, alcohol or drug abuse or being under the influence
    • Unauthorised possession of company property or theft
    • Use of company vehicle/property without permission
    • Under the influence of, or having consumed, alcoholic liquor or drugs off the premises by presenting himself for work, or on the premises after having arrived at work
    • Unauthorised absenteeism from the workplace/abscondment
    • Abuse of sick leave
    • Collective and derivative misconduct


    Module 7 – The investigation   


    • Has a rule or standard been broken, or a policy or procedure or the employment contract been breached?
    • Was the rule or standard reasonable, lawful and attainable?
    • Was the employer's expectation of compliance with the breached rule or standard a fair and reasonable expectation?
    • Was the accused employee aware of the rule or standard or could he/she reasonably be expected to have been aware of it?
    • Did the accused employee understand the requirements of the rule or standard?
    • Has the rule or standard has been consistently applied by the employer?63

    The investigation continues


    Module 8 Witness statements 


    How to take down statements?               

    • Time and accuracy
    • Contamination and completeness
    • Be concise
    • Objectivity
    • Comprehensibility
    • Honesty
    • Statements made voluntarily
    • Language

    Sworn statements or statements taken under oath        

    The form of the statement         

    • Preamble
    • Body of the statement
    • The end


    Module 9 Finalising the investigation and charging the employee          

    Features of a Disciplinary Procedure for Misconduct     

    • Application of the procedure
    • Objectives
    • Terminology
    • Charging the employee
    • Deciding on the charges

    When to hold a formal disciplinary hearing?     

    The informal disciplinary hearing           

    Suspension of the employee    


    Module 10 Preparing for the disciplinary hearing            

    • Final preparation
    • Do’s and don’ts for initiators


    Module 11 The disciplinary hearing       

    • Starting off with the disciplinary hearing81
    • Interdicting and stopping a disciplinary hearing81
    • The hearing commences
    • Procedural fairness
    • Postponements
    • The opening statement
    • Leading and testing evidence and versions
    • Evidence in chief
    • Cross examination
    • Re-examination94


    Module 12 Evaluating evidence and making a finding   

    • Evaluating evidence - Getting the facts and proving it
    • Evidentiary burden
    • Sources, types and admissibility of evidence
    • Security guards
    • Site inspections or inspection in loco
    • Customers and suppliers
    • Written statements and affidavits
    • Probative material
    • 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 evidence and circumstantial evidence
    • The cautionary rule
    • Admissions
    • Confessions
    • Polygraph tests
    • Presenting and evaluating evidence
    • Consultations during evidence


    Module 13 – Finalising the disciplinary hearing and the appeal

    • The reconvening of the hearing
    • Sanctions available
    • Counselling, training and verbal warnings
    • Written warnings
    • The final written warning
    • Temporary suspension of employment
    • Dismissal for misconduct
    • Requirements for proving the procedural fairness of a dismissal


    Who should attend?

    • Employment relations managers/ practitioners, general managers, HR Managers, discipline, union representatives, individuals that act as initiators/ prosecutors in disciplinary hearings.


    Course outcome

    • After completion participants should be able to conduct an investigation, identify and categorise transgressions, implement appropriate procedures and represent the company or an employee at a disciplinary hearing.


    About the presenter

    The course will be presented by advocate Nicolene Erasmus

    Tertiary qualifications

    • B Proc
    • LL B
    • LL M Labour Law
    • Certificate Labour Law
    • Advanced Certificate Dispute Resolution
    • University Diploma Communication (UDC)
    • Honns BA (Communication)
    • MA (Intercultural adaptation)
    • Honns BA (Tswana)



    • R 4990-00 (incl. Vat) per delegate
    • Price include course material, certificates of attendance, & catering/ refreshments  
    • Safe and secure parking


    For further information contact:

    • Hanlie Rouan (012) 661 3208
    • This email address is being protected from spambots. You need JavaScript enabled to view it.



    Click here to download registration forms for 06 & 07 April 2017: Southern Sun: OR Tambo International Airport




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