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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 

 

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   

Introduction     

  • 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 

Introduction     

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)

 

Price:  

  • 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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