C9 - Initiating and Chairing Disciplinary Hearings

Module 1 : The LRA

• What does the Act say about disciplinary hearings?

Module 2 : Schedule 8 – Code of conduct on misconduct

• Role of your disciplinary code and procedures.

Module 3 : Reporting and investigating misconduct and role players

• Deciding on formal or informal procedure to follow.
• 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 4 : Pre disciplinary procedures

• Charging the employee,
• Suspension, postponements,
• Legal representation, union representation,
• Appointing the chairperson,
• Delaying tactics and how to deal with it.
• Employees falling ill during disciplinary procedures
• Resignation during disciplinary procedures

Module 5 : Substantive and procedural elements of a disciplinary hearing.

Module 6 : The role of the Initiator/complainant

• How to collect, present and evaluate evidence – statements, affidavits, exhibits, witnesses, electronic evidence.
• Preparation for the hearing – do’s and don’ts
• Opening and closing statements, the burden of proof, sources of evidence.
• Evidentiary tools and pitfalls

Module 7 : How to lead and cross examine a witness

Module 8 : Role of the Chairperson

Module 9 : Mitigation and aggrevation and different sanctions

Module 10 : Warnings, counselling and dismissal

Module 11 : Trouble shooting

Module 12 : Role play and practical exercises