Chairing and initiating in disciplinary hearing - Pdf

The training of Initiators and Chairmen in the investigation and chairing of a Disciplinary Hearing By Johanette Rheeder Contents 1. Introduction: A South African Overview 1.1 The Constitution of South Africa - the right to fair labour practises and the concept of fairness 1.2 The Labour Relations Act 1.2.1 Procedural and substantive fairness 1.2.2 The standard of conduct required of employees 1.2.3 Progressive discipline 1.2.4 Consistency v each case based on its own merits 1.2.5 Dismissal for misconduct 1.2.6 Disciplinary records 1.3 Schedule 8 of the LRA 1.4 The role players in a disciplinary hearing 1.5 Self-study questions for this chapter 2. The preliminary process and the investigation leading up to the disciplinary hearing 2.1 The Role of ER and the Initiator/complainant 2.2 Rules and regulations, policies and codes of conduct 2.3 The role of management and supervisors 2.4 The different types of misconduct 2.5 Reporting the misconduct 2.6 Investigating the misconduct 2.7 Deciding on formal or informal procedure 2.8 Deciding on the charges, drafting and charging the employee 2.9 Suspension 2.10 Appointing the chairman 2.11 Scheduling the hearing 2.12 Conduct leading up to the hearing 2.13 Self-study questions for this chapter http://www.laboursmarttraining.co.za CONTENTS Continued 3. Preparation for the hearing 3.1 Finding the sources of evidence 3.2 Consulting and preparing witnesses 3.3 Drafting witness statements as preparation and for the hearing 3.4 The role of witness statements in a disciplinary hearing 3.5 Apply the rule test 3.6 Making sure you have enough evidence to prove the charges 3.7 Understanding and applying the burden of proof 3.8 Preparing and exchanging bundles of evidence and exhibits 3.9 Final preparation and do’s and don’ts 3.9 Self-study questions for this chapter 4. The disciplinary hearing 4.1 Starting off with the hearing 4.2 Interdicting and stopping a hearing 4.3 Postponements 4.4 Procedural elements of the hearing 4.5 The opening statement 4.6 Presenting the case of the employer and employee 4.7 Leading evidence, cross exam and re –exam 4.8 The conduct of the parties during the hearing – dealing with difficult parties 4.9 Closing of cases 4.10 Closing statements 4.11 Self-study questions for this chapter 5. The disciplinary hearing – Evaluating evidence and making a finding 5.1 Evaluating the evidence - apply the burden of proof and the rule test 5.2 Sources of evidence to consider 5.3 Admissibility of evidence 5.4 Relevance of evidence 5.5 Different types of evidence 5.6 Independence of chairman when making decision 5.7 Mitigation and aggravation 5.8 Factors to consider for dismissal 5.9 Breach of the trust relationship 5.10 Appeal procedures 5.11 Self-study questions for this chapter