Initiating a Disciplinary Hearing

Cost: R4 450.00 excl. Vat Duration: 3 Days

NQF Level: 5/6 | Credits: 8/5

Unit Standard: 11286/10985

Who should attend?

This course is intended for line managers and human resource practitioners who may be called upon chair disciplinary hearings. Second level managers such as a heads of department, section heads or divisional heads, and may have more than one team reporting to them.

Course Overview

This Labour Relations course is designed to assist delegates in gaining a better understanding of the principles and techniques necessary in preparing for, and initiating a Disciplinary Hearing in the context of current South African legislation, thereby allowing them to manage their area more effectively and avoiding unfair labour practice that may result in disciplinary actions being overturned by the relevant legislative bodies.

This course will enable Learners to:

  • List the types of offences that would lead to a disciplinary hearing
  • Prepare, investigate and formulate the appropriate charges for any given disciplinary hearing
  • Explain the role of the initiator and chairperson at a disciplinary hearing
  • List the steps and procedure that should be followed in a disciplinary hearing
  • Explain what mitigating and aggravating circumstances should be considered in any disciplinary finding
  • Explain the procedure of an appeal and the role of an initiator in the appeal

Learning assumed to be in place

  • Communicate effectively (at least NQF level 4)
  • Apply principles of policy and procedure implementation
  • Apply consultation skills
  • Explain and apply labour relations to the disciplinary process
  • Apply writing, listening and talking skills at least at NQF level 5

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. Investigating and Charging
  • The Purpose of Discipline
  • The Role of an Initiator
  • The Role of an Initiator
  • The Role of an Initiator
  • Pre – hearing preparation
  • Pre – hearing preparation
  • Fair Reason – Determining Guilt
  • Corrective Counselling
  • Warnings
  • Suspension of the Employee during the Investigation
  • Precautionary Suspension or Transfer
  • Types of Offences
  • Reasons for Dismissal
3. The Disciplinary Hearing
  • At the Enquiry
  • Onus of Proof
  • The Disciplinary Hearing Procedure
  • Postponements and Objections
2. Preparing for a Disciplinary Hearing
  • Determining the disciplinary route
  • Rules of Evidence
  • Inadmissible Evidence
  • Investigation
  • Formulating charges
  • Strategising the Case
  • Drafting Charges
  • Appointment of Representatives
  • Arranging a Chairperson
  • The Issue of Representation
  • Preparing Witnesses
4. Mitigation, Aggravation and Appeal
  • Mitigating and Aggravating Statements
  • Appeal Hearing
  • Role of Initiator in appeals
  • Workings of appeal procedure
5. Case Study: Role Plays
6. Annexures
  • Schedule 8 Code of Good Practice: Dismissal
  • Notice of Suspension
  • Notice to attend an Inquiry
  • Disciplinary Appeal Form