Investigators and Prosecutors

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

 A Two Day Course for

Investigators, Initiators and Prosecutors 

Introduction: The Importance of Investigating Allegations of Misconduct  

Module 1: The Code of Good Practice Dismissal                                      

• The Code of Good Practice – Dismissal

• Fair reasons for dismissal

• Misconduct

• Dismissal for misconduct

• Fair Procedure

• Disciplinary Records

• Discipline & Industrial Action

• Guidelines in dismissal for misconduct

• Incapacity – Poor Work Performance

• Guidelines for dismissal in Poor Work Performance

• Incapacity – Ill Health & Injury

• Guidelines in dismissal for Ill Health & Injury
  
  

Module 2: The Role Players in the Disciplinary Process

• Who does what?

• The Chairperson

• The complainant

• The interpretor

• Witnesses

• The Secretary

• The Respondent

• The Respondent’s representative

• The appointment of the Investigator.
  
  

Module 3: Identifying the Misconduct

• The identification of misconduct

• The Complaint.
  

Module 4: The investigation

• The Investigation

• Has a rule been broken?

• Was the rule lawful and fair?

• Did the employee know about the rule

• Did the employer have a reasonable expectation of compliance?

• Did the employee understand the rule?

• What about consistency?
  

Module 5: The Investigation Diary 

• The Investigation Diary.
  

Module 6: Sources of Evidence

• The evidence

• Eye Witnesses

• The accused employee

• Accomplices

• Documentary evidence

• Security Guards

• Site Inspection

• Customers

• Suppliers

• Sub Contractors
  

Module 7: Witness Statements 

• Witness Statements
  

Module 8: Gathering and Evaluating the Facts 

• Looking for evidence

• Getting the facts

• Hearsay evidence

• Privileged evidence

• Opinion evidence

• Character evidence

• Similar fact evidence

• Direct evidence

• Circumstantial evidence

• Admissions

• Confessions

• Written statements

• Photographic evidence

• Video evidence

• Expert Evidence

• Illegally obtained evidence

• Phishing
  

Module 9: What must the Initiator look for?

• Evaluating Evidence

• Relevance.
  

Module 10: Charging the Employee

• What evidence must the investigator look for

• The different acts of misconduct?

• What must the investigator prove at the Hearing?

• Bringing the employer’s name into disrepute

• Wilful damage

• Disobeying safety rules & regulations

• Fraudulent timekeeping

• Fraud & forgery

• Assault & indecent assault

• Abusive language

• Disorderly behaviour

• Insubordination

• Conflict of interest

• Dishonesty

• Sexual harassment

• Refusal to work overtime

• Alcohol and drugs

• Unauthorised possession of company property

• Unauthorised use of company vehicle

• Absenteeism – unauthorised

• Sick leave abuse

Module 11: Preparing the Witness

• Preparing your witness for the hearing
• 9 points in preparing your witness
  

Module 12: Final Preparation

• Preparing your evidence for the hearing

• “Leading the witness” explained

• “Leading questions” expalined

• The Opening Statement
  

Module 13: Presenting your case at the Disciplinary Hearing

• Presenting your case at the hearing

• The witness

• Re-examination

Module 14: Cross examination

• Cross examination      

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.

Price:

• R 3490-00 (incl. Vat) per delegate

• Price include course material, certificates of attendance, & catering/ refreshments

• Safe and secure parking

For further information contact:

• Peraldo or Magda (012) 661 3208

• Fax: (012) 661 1411

• mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it