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Effective disciplinary hearings

Effective disciplinary hearings

Knowing how to carry out an investigation and initiate or chair a disciplinary hearing is an essential managerial skill. Disciplinary hearings are unpleasant events which always seem to come at the worst time and serve only to be disruptive and prevent the affected parties from getting on with the real business of business.

Time pressure combined with a lack of understanding of the necessary principles and techniques fuels the temptation to cut corners and just “get it over and done with”.

A flawed hearing can in the longer term have even more serious financial and reputational consequences for the employer.

It is vital that the key players, who must make a hearing happen, understand what their roles are so that, equipped with the necessary skills and knowledge, each of them will do the right things in the right way at the right time during the hearing process.

  1. Who should do the investigation?
  2. How does one ensure that the charges match the evidence?
  3. When and how does one suspend an employee?
  4. Can an experienced chairperson remedy the mistakes made by an incompetent initiator?
  5. What do you do when an experienced employee representative starts running rings around the initiator?

This two day workshop will supply practicable answers which will empower delegates to confidently address any of the challenges they are likely to encounter in the most difficult hearings

COURSE CONTENT
WHAT HAPPENS BEFORE A HEARING:
  • The Code of Good Practice: Dismissals – Schedule 6 of the LRA
  • Substantive And Procedural Fairness – what does this mean, and how do you achieve this?
  • Investigations: Techniques, Methods and Procedures
  • Evidence: Understanding and Applying the Rules of evidence.
  • Disciplinary Charges – Formulating them to withstand the scrutiny of the CCMA
  • Suspension and Disciplinary Notifications- Common mistakes and how to avoid them
  • Witness Preparation: Techniques, Methods and Procedures
WHAT HAPPENS DURING THE HEARING:
  • Presenting Evidence: Rules, Exceptions to the Rules, and exceptions to the exceptions – it’s easy when you know how
  • Cross-examination: The art and science of arguably the most important skill an initiator must have in order to discharge his duties effectively. The workshop is structured to ensure that delegates learn the techniques and methods of successful cross-examination.
  • Assessing evidence – demystifying the “Balance of Probabilities” and letting go of “Beyond Reasonable Doubt” to determine a sound verdict
  • Sanction: Mitigation, Aggravation and Precedent……. How does the chairperson determine an appropriate penalty?
WHAT HAPPENS AFTER THE HEARING:
  • Dismissal Administration and Procedures
  • Appeal Hearings
  • Preparing for the CCMA
PRACTICAL EMPHASIS

The workshop deals with all the aspects of a Disciplinary Hearing in a comprehensive and practical approach. On Day 2, every delegate is allocated a key role in a full disciplinary hearing session where the learning material is re-enforced through practical application.

WHO SHOULD ATTEND?
  • Supervisors and line managers – all levels
  • HR managers and officers
OUTCOMES

Delegates who attend the course will acquire the knowledge and understanding which will enable them to:

  • Ensure organizational compliance with LRA discipline and dismissal requirements]
  • Fulfil the role and carry out the responsibilities of an Initiator
  • Confidently chair a hearing