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. …
Overview
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
Curriculum
- 5 Sections
- 62 Lessons
- 1 Day
- Unit 1: The employment relationshipAssessment criteria:4
- Unit 2: Discipline in the workplaceAssessment criteria:22
- 1.1Discipline: An employer’s duty
- 1.2Discipline
- 1.3Positive and negative discipline within the workplace
- 1.4Characteristics of a sound disciplinary system
- 1.5Disciplinary codes and procedures
- 1.6Types of offences
- 1.7Particular offences
- 1.8Practical application of disciplinary procedures
- 1.9Seven rules of just cause
- 1.10Types of rules
- 1.11Enforce-ability of rules
- 1.12Legal framework of discipline within organisations
- 1.13Verbal warnings
- 1.14Written warnings
- 1.15Other disciplinary alternatives
- 1.16Duration of warnings
- 1.17Responsibility of disciplinary action
- 1.18Disciplinary hearing
- 1.19Appeals against sanctions short of dismissal or decisions to dismiss
- 1.20Principles of procedural and substantive fairness
- 1.21Case law: the disciplinary mould – Computicket v. Marcus N.O & Others
- 1.22Additional reading – disciplinary codes and procedureers
- Unit 3: Law of evidenceAssessment criteria:10
- 1.1Evidence vs proof
- 1.2Submission of evidence during a disciplinary hearing
- 1.3Direct and circumstantial evidence
- 1.4General types of evidence
- 1.5Evaluating the evidence
- 1.6Law of evidence – practical application for disciplinary hearings
- 1.7Witnesses in evidence
- 1.8Representing an employee at a disciplinary hearing
- 1.9Working with difficult witnesses
- 1.10Law of evidence principles
- Unit 4: Initiating disciplinary actionAssessment criteria:13
- 1.1Identifying and classifying transgressions
- 1.2Investigating before disciplinary action
- 1.3Procedure for misconduct
- 1.4Procedure for poor work performance
- 1.5Procedure for Incapacity
- 1.6Implementation of disciplinary procedures: non-dismissible transgressions
- 1.7Record of disciplinary action
- 1.8Fair dismissal
- 1.9Summary dismissal
- 1.10Practical steps for undertaking investigatory interviews
- 1.11Drafting the charge sheet
- 1.12Issuing the charge sheet
- 1.13Suspension pending the disciplinary hearing
- Unit 5: Conducting the disciplinary actionAssessment criteria:13
- 1.1Preparing for the hearing
- 1.2Choosing the right chairperson
- 1.3Conduct of the chairperson during the disciplinary hearing
- 1.4Disciplinary hearing procedure: Introduction
- 1.5Opening statements
- 1.6Presenting initiator case
- 1.7Presenting employee’s case
- 1.8Closing arguments
- 1.9Findings/results of the hearing
- 1.10Mitigating and aggravating circumstances
- 1.11Decision on sanction and closing of proceedings
- 1.12Failure or refusal to attend the disciplinary hearing
- 1.13Additional reading
Requirements
- NQF Level 5 to 7
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Course Features
- Lectures 62
- Quiz 0
- Duration 1 day
- Skill level All levels
- Language English
- Students 2458
- Assessments Yes