Chairing a Disciplinary Hearing

Cost: R3 450.00 excl. Vat Duration: 2 Days

NQF Level: 6 | Credits: 5

Unit Standard: 10985

Target Audience

Operational Managers and/or 1st Level Management such as Supervisors, HR Practitioners and Business Owners

Overview

The objective of this course is to help you to gain a better understanding of the principles and practices in respect of South African Labour Laws when conducting a disciplinary hearing for employees who transgress employment practices, thereby avoiding unfair labour practice that may result in disciplinary actions being overturned by the relevant legislative bodies.

What will set you apart?

  • List the rights and duties of the employer and employee in the employment relationship
  • Name and explain particular types of disciplinary offences
  • List and identify the types of evidence that may be presented and considered in a disciplinary hearing
  • List and determine suitable disciplinary sanctions
  • Explain what mitigating and aggravating circumstances should be considered in any sanction imposed
  • Explain the procedure of an appeal and possible consequences of unfair dismissal
  • Explain the role of the chairperson at a disciplinary hearing
  • List the steps and procedure that should be followed in a disciplinary hearing
  • Explain the concepts of substantive and procedural fairness in the disciplinary hearing.

Learning assumed to be in place

  • Explain and apply labour relations to the disciplinary process
  • Handle meetings
  • Apply writing, listening and talking skills at least at NQF level 5
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This course is proudly accredited through SABPP

SETA Assessment of Competency (Optional)

Optional competency assessment is available at R1 600.00 excl. VAT per delegate on this course.

This module is based on outcomes based learning principles where delegates are responsible for their own learning with support available when required.

  • Formative Assessment – to be submitted 1 month from completion of the workshop
  • Summative Assessment – to be submitted up to 6 months from submission of the Formative Assessment

Topics

1.The Rights and Duties of Employee and Employer
  • The basis of the relationship
  • Duties of an employee
  • Duties of employers
  • Discipline: An Employer’s duty
2. Types of Rules & Particular Offenses
  • Types of Rules
  • Enforceability of rules
  • Disciplinary codes and procedure
  • Particular offenses
3. The Rules of Evidence
  • Documentary Evidence
  • Viva Voce Evidence
  • The Hearsay Rule
  • Evaluation of Evidence: Probabilities
  • The Issue of Entrapment and Polygraphs
  • Other issues related to evidence
4. Disciplinary Sanctions
  • Typical Sanctions
  • Dismissal
  • Automatically unfair dismissals
5. The Disciplinary Hearing: Substantive & Procedural Fairness
  • Substantive fairness
  • Procedural fairness
  • Specific procedural requirements
  • Dealing with a request for postponement
  • Dealing with an objection from either party
  • Dealing with a walk out
  • Dealing with a request for outside representation
  • Service of Notices
  • Suggested Process
  • The right to appeal
  • Consequences of procedural unfairness
6. Case study: Role play
  • Scenario 1
  • Scenario 2
7. Annexures
  • Schedule 8 Code of Good Practice: Dismissal
8. Forms and precedents
  • Notice of Suspension
  • Notification of a Final Written Warning
  • Draft Disciplinary Report