TAP> Mastering Disciplinary Hearings: A Comprehensive Guide
Course Purpose: Procedures and legal frameworks involved in initiating disciplinary actions, conducting hearings, and ensuring fairness throughout the process. Additionally, you’ll gain skills in chairing hearings effectively, managing evidence, and making impartial decisions while upholding employee rights and organisational policies. …
Course Purpose:
Procedures and legal frameworks involved in initiating disciplinary actions, conducting hearings, and ensuring fairness throughout the process. Additionally, you’ll gain skills in chairing hearings effectively, managing evidence, and making impartial decisions while upholding employee rights and organisational policies.
What you’ll learn
Initiating and chairing a disciplinary hearing is a critical responsibility for employers and managers when addressing employee misconduct or performance issues. This process aims to ensure fairness, transparency, and compliance with company policies and legal regulations.
Duration: 1 Day
Featured Course
Effective Performance
Course Curriculum
Curriculum
- 5 Sections
- 62 Lessons
- 1 Day
- Unit 1: The employment relationshipAssessment criteria:4
- Unit 2: Discipline in the workplaceAssessment criteria:22
- 0.0Discipline: An employer’s duty
- 0.1Discipline
- 0.2Positive and negative discipline within the workplace
- 0.3Characteristics of a sound disciplinary system
- 0.4Disciplinary codes and procedures
- 0.5Types of offences
- 0.6Particular offences
- 0.7Practical application of disciplinary procedures
- 0.8Seven rules of just cause
- 0.9Types of rules
- 0.10Enforce-ability of rules
- 0.11Legal framework of discipline within organisations
- 0.12Verbal warnings
- 0.13Written warnings
- 0.14Other disciplinary alternatives
- 0.15Duration of warnings
- 0.16Responsibility of disciplinary action
- 0.17Disciplinary hearing
- 0.18Appeals against sanctions short of dismissal or decisions to dismiss
- 0.19Principles of procedural and substantive fairness
- 0.20Case law: the disciplinary mould – Computicket v. Marcus N.O & Others
- 0.21Additional reading – disciplinary codes and procedureers
- Unit 3: Law of evidenceAssessment criteria:10
- 0.0Evidence vs proof
- 0.1Submission of evidence during a disciplinary hearing
- 0.2Direct and circumstantial evidence
- 0.3General types of evidence
- 0.4Evaluating the evidence
- 0.5Law of evidence – practical application for disciplinary hearings
- 0.6Witnesses in evidence
- 0.7Representing an employee at a disciplinary hearing
- 0.8Working with difficult witnesses
- 0.9Law of evidence principles
- Unit 4: Initiating disciplinary actionAssessment criteria:13
- 0.0Identifying and classifying transgressions
- 0.1Investigating before disciplinary action
- 0.2Procedure for misconduct
- 0.3Procedure for poor work performance
- 0.4Procedure for Incapacity
- 0.5Implementation of disciplinary procedures: non-dismissible transgressions
- 0.6Record of disciplinary action
- 0.7Fair dismissal
- 0.8Summary dismissal
- 0.9Practical steps for undertaking investigatory interviews
- 0.10Drafting the charge sheet
- 0.11Issuing the charge sheet
- 0.12Suspension pending the disciplinary hearing
- Unit 5: Conducting the disciplinary actionAssessment criteria:13
- 0.0Preparing for the hearing
- 0.1Choosing the right chairperson
- 0.2Conduct of the chairperson during the disciplinary hearing
- 0.3Disciplinary hearing procedure: Introduction
- 0.4Opening statements
- 0.5Presenting initiator case
- 0.6Presenting employee’s case
- 0.7Closing arguments
- 0.8Findings/results of the hearing
- 0.9Mitigating and aggravating circumstances
- 0.10Decision on sanction and closing of proceedings
- 0.11Failure or refusal to attend the disciplinary hearing
- 0.12Additional reading
Requirements
- NQF Level 5 to 7