Chairing Disciplinary Hearings
19 & 20 November 2020 (09:00 - 16:00) Interactive Online Course
Table of contents
Module 1: What is a dismissal?
1. Definition
2. Unlawful and unfair dismissals
Module 2: The Code of Good Practice - Dismissal
Module 3: Dismissal for misconduct
1. Introduction
2. Guidelines in cases of dismissal for misconduct: Item 7 of the Code
2.1. Is there a rule?
2.2. Was the employee aware of the rule?
2.3. Did the employee contravene the rule?
2.4. Is the rule or standard a valid or reasonable rule or standard?
2.4.1. Validity
2.4.2. Reasonableness
2.5. Was dismissal an appropriate sanction?
2.5.1. Gravity of the contravention
2.5.2. Reasons for not dismissing: has the rule been consistently applied?
2.5.3. Reasons for not dismissing: factors that may justify a different sanction
2.5.3.1. Employee’s circumstances
2.5.3.2. Nature of the job
2.5.3.3. Circumstances of the contravention
Module 4: Fair procedure
1. Introduction
1.1. The right to be informed of the charges
1.1.1. Charges must be clear
1.1.2. No splitting or duplication of charges
1.2. The right to a proper opportunity to prepare
1.3. The employee’s right to be heard and to present a defense
1.4. The right to be fairly judged
1.5. Suspension
1.6. The disciplinary hearing
1.7. Conduct of the chairperson and bias
1.8. Changing the finding of the chairperson on appeal
1.9. Double jeopardy
Module 5: Electing a chairperson
Module 6: Specific types of misconduct
1. Introduction
1.1. Derivative misconduct
1.2. Misconduct outside the workplace
2. Absence without leave or permission
2.1. Absenteeism
2.2. Abscondment
2.3. Desertion
2.4. Imprisoned employees
3. Failure to inform the employer of the reasons for absence
4. Abusive language and racist remarks
5. Abuse of sick leave
6. Assault
7. Competing with the employer / conflict of interest
8. Damage to property
9. Negligence
10. Disclosing confidential information
11. Dishonesty
12. Alcohol and drugs
13. Falsification
14. Fraud
15. Bringing the employer’s name into disrepute
16. Insolence/insubordination
17. Refusal to work overtime
18. Sexual harassment
19. Sleeping on duty
20. Theft/unauthorised possession
Module 7: Evidence and findings in disciplinary hearings
1. Leading and testing evidence and versions
2. The opening statement
3. Evidence in chief
4. Cross-examination
5. Re-examination
6. Written statements
Module 8: Evaluating evidence
Module 9: Evaluating evidence and making a finding
1. Evidentiary burden
2. Evidence: sources, types and admissibility
2.1. Site inspections or inspection in loco
2.2. Customers and suppliers
2.3. Written statements and affidavits
2.4. Probative material
2.4.1. Oral evidence
2.4.2. Real evidence - photographs electronic evidence and video tapes
2.5. Admissibility and weight of evidence
2.6. Relevance of evidence
2.7. Character evidence
2.8. Similar fact evidence
2.9. Opinion evidence
2.10. Expert evidence
2.11. Previous consistent statements
2.12. Hearsay evidence
2.13. Privileged evidence
2.14. Illegally obtained evidence
2.15. Direct and circumstantial evidence
2.16. Entrapment
2.17. The cautionary rule
2.18. Admissions
2.19. Confessions
2.20. Polygraph tests
Module 10: A step-by-step checklist for disciplinary hearing chairpersons
Disciplinary code
Practical exercise
The disciplinary process
Who should attend?
HR Managers, line managers, managers responsible for personnel discipline, union representatives
Course outcome
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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.
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Practical exercises and role plays
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Delegates will receive the opportunity to participate in groups and to practically chair cases in a simulated environment
Price:
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R 4350-00 (incl. Vat) per delegate
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Price include course material, certificates of attendance
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2 Days Practical Training
For further information contact:
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Peraldo Senekal (012) 661 3208
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Fax: (012) 661 1411
