Initiating and Chairing Disciplinary Hearings

Module 1 : DL9 - Initiating and Chairing Disciplinary Hearings

Disciplinary hearings are a common occurrence in the workplace and part and parcel of the manager and shop steward’s daily functions. Employees and employers alike are entitled to fair labour practices. Employers must know how to investigate misconduct and charge employees appropriately.

This one-day online workshop should be attended by chairpersons, complainants, managers, HR and ER managers and practitioners, legal advisers, shop stewards, and union representatives.

Module 1 Session 1: Introduction

• Constitutional right to fairness
• Defining dismissal
• Code of Good Practice: Dismissal
  • Misconduct
  • Probation
  • Incapacity due to poor performance
  • Incapacity due to ill health
• Disciplinary Code and Procedure

Module 1 Session 2: The Investigation

• Core rights of employee
• Corrective or progressive discipline
• Reporting of the misconduct
• Appointment of the investigator\initiator
• The investigation
  • Identify the transgressor
  • Identify the particulars of transgression
  • Which rule was transgressed?
  • Consulting witnesses and drafting statements
  • Sources of evidence
  • Fully record the investigation – investigator’s diary
• Investigative outcome – formal disciplinary hearing necessary?

Module 1 Session 3: Preparing the charge and Strategising your case

• Preparing Charges
  • How to draft charges
  • Alternative charges
  • Splitting of charges
  • Number of charges
  • Pitfalls to avoid when charging employees
• Serving notice of enquiry
  • Explain notice and rights of employee
• Preparing your case
  • Strategising your case
  • Determine best evidence
  • Test evidence against evidentiary burden
  • Prepare witnesses for testimony
  • Prepare bundle of evidence
  • Prepare opening statement

Module 2 : DL9 - Initiating and Chairing Disciplinary Hearings

Module 2 Session 1: The Hearing

• Chairpersons - Do’s and Don’ts
• Chairperson’s notes – step by step
  • Opening statements
  • Presentation of evidence
  • Leading evidence
  • Cross examination
  • Re – examination
• Closing statement

Module 2 Session 2: Evidentiary tools and the Sanction

• Evidentiary tools and pitfalls
• evaluation and assessment of the evidence
• Finding on guilt or innocence
• Mitigation and aggravation
• The sanction
  • Warnings,
  • counselling and
  • dismissal

Module 2 Session 3: Case study and practical exercises