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Imsimbi Training proudly presents

Conduct a Disciplinary Hearing – 1 Day

 

Imsimbi Training is a fully accredited training provider with the Services Seta, number 2147, as well as a Level 2 Contributor BBBEE company.

 

This course is accredited by the Services Seta and covers unit standards 10985 at NQF level 6 worth 5 credits.

 

COURSE OVERVIEW

Many companies have costly compensation orders from the CCMA due to Line Managers and HR staff not complying with legislation regarding disciplinary matters. This comprehensive course gives detailed insight into discipline in the workplace. This course will teach line managers how to effectively chair a disciplinary hearing. Complacency, inconsistency and turning “a blind eye” by management is some of the pitfalls to discipline companies often experience. These factors often lead to the lowering of disciplinary rules and standards in organisations. This course gives a practical hands-on approach for dealing with discipline in the workplace. How to conduct disciplinary hearings in line with the principles of fairness and equity as envisaged by the Labour Relations Act is covered. Misconduct issues of absenteeism, intoxication on duty, theft and many other issues of misconduct are dealt with from the perspective of relevant case law and codes of good practice

 

COURSE OBJECTIVES

MODULE 1

Misconduct in the workplace

This module focuses on various instances of misconduct in the workplace and how to handle these effectively. Misconduct issues of absenteeism, intoxication on duty, sexual harassment, poor time keeping, theft, insubordination and many other forms of misconduct are dealt with. Case studies and relevant case law are used as examples of how to correctly deal with various misconduct offences.

Module outline

  • Misconduct in the Labour Relations Act
  • Understanding various offences of misconduct in the workplace including: absenteeism; being under the influence of alcohol; sexual harassment; theft; damage to company property; insubordination, poor time keeping and many other forms of misconduct
  • Look at various case studies regarding the various forms of misconduct and how to deal with them appropriately
  • How to address and deal with the misconduct before it becomes serious
  • Verbal warnings, written warnings and final written warnings
  • The company disciplinary code, ensuring employees are familiar with it
  • Setting clear rules and guidelines for employee behaviour
  • Overview of relevant case law
  • Relevant sections of labour legislation
  • Codes of good practice

MODULE 2

The Law of Evidence and Disciplinary Investigations

Module Outline

  • Understanding the principles of the law of evidence
  • Applying the principles of the law of evidence
  • Evidence that is admissable and inadmissable evidence
  • Cross examination techniques
  • Rules of case presentation, evidence, examination and cross examination
  • Overview of relevant case law
  • Relevant sections of labour legislation
  • Codes of good practice
  • Gathering information
  • Collating the information in date order
  • Evaluating the evidence

MODULE 3

Conducting a Disciplinary Hearing – Fair Procedure

This module enables delegates to conduct proper disciplinary hearings and to administer disciplinary
principles in a fair and consistent manner. It will lead delegates through the required procedural and substantive aspects pertaining to disciplinary action.

Module outline

  • How to draft the charge sheet / notice to attend a hearing
  • Understand all fairness and equity principles
  • Create a better understanding of required procedures during hearings
  • Preparation for the hearing
  • Procedure and conduct during the disciplinary hearing
  • Procedure and conduct during the appeal hearing
  • Be able to prepare for such hearings
  • Understanding and complying with the duty to keep record
  • Chairing the hearing
  • Conducting and managing the hearing.
  • Implement procedure to handle non-dismissible offences.
  • Hear pleadings.
  • Take a decision as to sanction.
  • Inform employee of and record decisions.
  • Ensure that proceedings and decisions are recorded

Training Methodology

The training course is conducted in a fun participative way, using role-plays, case studies, workbook activities and plenary discussions. These are used to encourage participation and interaction among delegates. A practical role play of a disciplinary hearing is conducted during the course.

An assignment and POE is submitted on completion of the course to ensure understanding and competence.

Who Should Attend

  • Line Managers
  • Supervisors
  • Team Leaders

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