Effective Disciplinary Hearings for Chairpersons Course
Our Effective Disciplinary Hearings for Chairpersons Course is accredited by the Services Seta and material covers unit standards 10985 at NQF level 6 worth 5 credits
- Overview
- Outcome
- Content
Course Duration: 2 Days
Many organisations 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 and HR staff how to effectively chair a disciplinary hearing. Many organizations hire expensive legal consultants to chair their disciplinary hearings. This course will give your organization the skills to professionally chair a disciplinary hearing. This course gives a practical hands-on approach to chairing disciplinary hearings in your workplace. The course focuses on how to conduct disciplinary hearings in line with the principles of fairness and equity as envisaged by the Labour Relations Act is covered. Sanctions for misconduct issues of absenteeism, intoxication on duty, theft and many other types of misconduct are dealt with from the perspective of what is acceptable for chairpersons to hand down as per the relevant case law and the CCMA's guidelines.
Course Duration: 2 Days
MODULE 1
The Law of Evidence
Module Outline
- Understanding the principles of the law of evidence
- Applying the principles of the law of evidence
- Evidence that is admissible and inadmissible
- Chairpersons evaluating the evidence
- Types of evidence
- Prima facie evidence
- Circumstantial evidence
- Corroborating evidence
MODULE 2
Chairing a Disciplinary Hearing - Rights & Responsibilities of the Chair
Module outline
- How to check the allegations/charges / notice to attend a hearing were fairly issued
- How to ensure rights of employee are respected during enquiry
- How to ensure hearing is not derailed or sabotaged by shop steward reps
- Understand all fairness and equity principles
- Create a better understanding of required procedures during hearings
- Rights of the chairperson
- Responsibilities of chairperson
- Making Appropriate sanction
- Consistency of the organisation in applying sanctions
- Weighing up evidence and the balance of probabilities
- How Commissioners will weigh up evidence
- Commissioners rulings on unfair dismissals
MODULE 3
Chairing a hearing - Fair Procedure
- 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
- Mitigating & aggravating circumstances
- Take a decision as to sanction.
- Inform employee of and record decisions.
- Ensure that proceedings and decisions are recorded
- Fun Role Play of a Disciplinary Hearing
MODULE 4
Difficult situations and the CCMA Guidelines on Misconduct of January 2012:
- Procedure regarding further investigations needed at the end of the hearing
- Procedure regarding handling new charges arising during the hearing
- Procedure regarding timeframes regarding long delays
- Procedure regarding subpoenaing unwilling witnesses
- Procedure regarding legal representation in a hearing
- CCMA guidelines on acceptable reasons to uphold a dismissal
- CCMA guidelines on consistency
- CCMA guidelines on precedence
- CCMA guidelines on when to give a final written warning
- CCMA guidelines on aggravating circumstances and its weight
- CCMA guidelines on mitigating circumstances and its weight
- CCMA guidelines on weighting of Labour Court cases
- CCMA case law history and precedents
Training methodology
The training course is conducted in a fun participative way, using simulations, role-plays, case studies, videos, 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.