C8 - Investigating and charging in Disciplinary Hearings

Module 1 : Role of your disciplinary code and procedures

Module 2 : Schedule 8 – Code of conduct on misconduct

Module 3 : Reporting misconduct and role players

• How is misconduct reported?
• Who must investigate?
• Deciding on formal or informal procedure to follow.
• The role players in investigating the complaint.

Module 4 : Investigating the misconduct

• Collecting evidence – sources of evidence.
• Consulting witnesses and drafting statements for witnesses.
• Unwilling witnesses, hostile witnesses and intimidation of witnesses.
• Different types of evidence and how to collect this evidence: affidavits, statements, documentary evidence, real evidence, exhibits, voice recordings, video recordings, photographs etc.
• Admissibility, relevance and weight of evidence.
• Bundles of evidence – preparation and exchange.
• Safe keeping of evidence.
• The investigation diary.

Module 5 : Specific evidence

• Polygraph testing, alcohol and drug tests
• Traps, confessions, admissions
• Direct and circumstantial evidence, hearsay evidence, privileged evidence, expert evidence, opinion evidence, character evidence
• One on one cases.

Module 6 : Charging the employee

• Deciding on the charges,
• How to draft charges and how to charge an employee,
• Compounding and splitting of charges
• Pitfalls to avoid when charging employees

Module 7 : Preparing witnesses for the disciplinary hearing

• Consultation and preparation for evidence
• Assistance of witnesses

Module 8 : Examples and exercises