Initiating and Conducting a Disciplinary Hearing

Cost: R2 400.00 excl. Vat Duration: 3 Days

NQF Level: 8 | Credits: 5

Unit Standard: 11286/10985

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 initiating and 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
  • List the Types of Offences that would lead to a disciplinary hearing
  • Prepare, investigate and formulate the appropriate charges for any given disciplinary hearing
  • 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

  • Communicate effectively (at least NQF level 4)
  • Apply principles of policy and procedure implementation
  • Demonstrate an understanding of an organisation and its functions
  • Apply consultation skills
  • 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. Disciplinary Procedures within an Organisation:
  • Positive and Negative discipline within the workplace
  • Characteristics of a Sound Disciplinary System
  • Disciplinary Procedures within an Organisation
  • The Disciplinary Code
  • Case Law
  • Legal Framework of Discipline within Organisations
  • Principles of Procedural and Substantive Fairness
  • Substantive Fairness
  • Procedural Fairness

2. Investigate Disciplinary Action:

  • Identify and Classify Transgressions
  • Procedures for instigating disciplinary action
  • Disciplinary Process Documentation
  • Supplementary Notes on the Disciplinary Procedure for Misconduct
  • Incapacity Procedure for Poor Performance
  • Disciplinary Code and Procedure
  • Samples of Reports & Warnings

3. Practical Application of Disciplinary Procedures: 

  • Seven rules of just cause
  • Verbal Warnings
  • Written Warning
  • Other Alternatives
  • Generic, Guiding Principles
  • Implementation of Disciplinary Procedures: Non-dismissible transgressions
  • Sequence of the disciplinary procedures
  • Recording of disciplinary action
  • Implementation of Disciplinary Procedures: Dismissible transgressions
  • The Disciplinary Hearing
  • Disciplinary enquiry/investigation
  • Practical steps for undertaking investigatory interviews
  • Drafting of the charge sheet and notification of disciplinary hearing
  • Drafting a Charge Sheet in Practice
  • Case Law
  • Suspension pending the disciplinary hearing
  • Preparation of the Hearing
  • Conducting the disciplinary hearing
  • Mitigating Circumstances
  • Aggravating Circumstances