Initiating and Chairing a Disciplinary Hearing  

Jonathan Keller

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What are the prerequisites?

• Computer/Laptop
• Email for notifications and communication
• Internet connection
• PDF viewer (e.g ADOBE Acrobat)
• Microsoft Word for notes
• A web browser

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Course Content

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Unit 1 : The Employment Relationship  

1.1 Introduction

1.2 The Basis of the Relationship

1.3Duties of an Employee

1.4 Duties of Employers

It takes between 4 days and 2 weeks, depending on your speed.

Effective performance and discipline management 

Train the trainer 

Lizette Bezuidenhoud

What will my certificate look like?

Unit  2: Discipline in the Workplace 

1.1 Discipline: An employer’s duty

1.2 Discipline

1.3 Positive and Negative Discipline within the Workplace

1.4 Characteristics of a Sound Disciplinary System

1.5 Disciplinary Codes and Procedures

1.6 Types of Offences

1.7 Particular Offences

1.8 Practical Application of Disciplinary Procedures

1.9 Seven Rules of Just Cause

1.10 Types of Rules

1.11 Enforceability of Rules

1.12 Legal Framework of Discipline within Organisations

1.13 Verbal Warnings

1.14 Written Warnings

1.15 Other Disciplinary Alternatives

1.16 Duration of Warnings

1.17 Responsibility of Disciplinary Action

1.18 Disciplinary Hearing

1.19 Appeals against Sanctions short of Dismissal or Decisions to Dismiss

1.20 Principles of Procedural and Substantive Fairness

1.21 Case Law: the Disciplinary Mould - Computicket v. Marcus N.O & Others

1.22 Additional Reading - Disciplinary Codes and Procedure

Unit 3 : Law Of Evidence 

1.1 Evidence vs. Proof

1.2 Submission of Evidence during a Disciplinary Hearing

1.3 Direct and Circumstantial Evidence

1.4 General Types of Evidence

1.5 Evaluating the Evidence

1.6 Law of Evidence - Practical Application for Disciplinary Hearings

1.7 Witnesses in Evidence

1.8 Representing an Employee at a Disciplinary Hearing

1.9 Working with Difficult Witnesses

1.10 Law of Evidence Principles

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Unit 4 : Initiating Disciplinary Action   

1.1 Identifying and Classifying Transgressions

1.2 Investigating before Disciplinary Action

1.3 Procedure for Misconduct

1.4 Procedure for Poor Work Performance

1.5 Procedure for Incapacity

1.6 Implementation of Disciplinary Procedures: Non-dismissible Transgressions

1.7 Record of Disciplinary Action

1.8 Fair Dismissal

1.9 Summary Dismissal

1.10 Practical Steps for Undertaking Investigatory Interviews

1.11 Drafting the Charge Sheet

1.12 Issuing the Charge Sheet

1.13 Suspension Pending the Disciplinary Hearing

Unit 5 : Conducting The Disciplinary Action  

1.1 Preparing for the Hearing

1.2 Choosing the Right Chairperson

1.3 Conduct of the Chairperson during the Disciplinary Hearing

1.4 Disciplinary Hearing Procedure: Introduction

1.5 Opening Statements

1.6 Presenting Initiator Case

1.7 Presenting Employee’s Case

1.8 Closing Arguments

1.9 Findings/Results of the Hearing

1.10 Mitigating and Aggravating Circumstances

1.11 Decision on Sanction and Closing of Proceedings

1.12 Failure or Refusal to Attend the Disciplinary Hearing

1.13 Additional Reading