About the Workshop
This Industrial Relations course, comprised of the following training interventions:
- Chairing a disciplinary hearing (in-house)
- Initiating disciplinary action (in-house)
It is designed to enable managers 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 principles as contained in the Labour Relations Act and related Codes of Good Practice and recent employment case law.
More importantly, managers will realise that the process of implementing discipline, whether resulting in dismissal or simply warnings, need not be a difficult time consuming process.
Some aspects of disciplinary hearings delegates will learn on this workshop:
- Distinguishing between Misconduct and Incapacity
- Preliminary Considerations before Initiating Disciplinary Action
- Investigating an Allegation and Gathering Evidence
- The admissibility of evidence
- Formulating Charges
- Presenting Evidence and Burden of Proof
- Closing Arguments
- Presenting Evidence in Support of Desired Sanction
- The Initiator's Role in Appeal Hearings
- Administration
- Checklist For Assessing Under The Influence of an Intoxicating Substance
- Statement Forms
- Medical Report
- Handout: Case References on key aspects of disciplinary proceedings
Underlying principles to be addressed
These workshops will address the following underlying issues and behaviours essential for the proper management of disciplinary hearings.
Communication Behaviours - These behaviours provide initiators and chairpersons with essential skills in conducting and controlling disciplinary hearings.
Addressing and controlling disruptive behaviours
Dispelling common myths:
- The true role of requesting employees to plead to the charges
- Procedural requirements in light of recent Labour Court judgments
Managing the employee in the workplace after a disciplinary hearing (in the absence of a dismissal)
Special considerations:
- Legal representation
- Disciplining shop stewards
- Post disciplinary procedures, including conciliation and arbitration proceedings
Overview of the Proposed Labour Law Amendments. | 
