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Disciplinary Hearings - Initiating & Chairing

ENDED
Workshop by  Laboursmart Pty Ltd
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On-Site / Workshop

Details

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 two day practical course should be attended by chairpersons, complainants, managers, HR and ER managers and practitioners, legal advisers, shop stewards, and union representatives.

Outline

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 aggravation and different sanctions
Module 10 : Warnings, counselling and dismissal
Module 11 : Troubleshooting
Module 12 : Roleplay and practical exercises

Speaker/s

Andre Wolf
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Labour Smart provides a one stop service for South African labour and employment law practitioners. We specialise in public training, in-house training, and weekly webinars covering all labour law requirements such as disciplinary hearings, employment equity, collective labour relations, the Labour Relations and Basic Conditions of Employment Acts, arbitrations and Labour Court matters.

Our events calendar will provide the subscriber with all presentation dates, modules, duration, venues and costs. Subscribing to our newsletters will inform you of all upcoming events. Labour in a box is a library collection of popular labour forms, templates, explanatory documents, examples and e-publications. All products can be purchased individually or as a package. Legal services are offered through Johanette Rheeder Incorporated. An Ask an expert service are provided where queries are answered within 24 hours.

We provide, free of charge, a list of all official documents from the CCMA, the Department of Labour and the UIF. Popular FAQ’s (frequently asked questions) are listed as a quick search.

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