2 days – 3 with assessments
|SAQA US No.||Title||NQF Level||Credits|
|119952 & 10985||Handling Disciplinary Hearings||–||–|
HR practitioners, chairpersons and initiators of disciplinary hearings. This is a systems-based approach and all relevant documents for successfully implementing the process are customised and supplied together with the training.
Learners must have been through Managing Poor Performance & Incapacity and/or Initiating Disciplinary Enquiries.
Note: Both Initiators and Chairpersons will be trained in the same course but will do different practical exercises with Initiators being assessed against US 119952 while chairpersons will be assessed against both unit standards.
||Recap on LRA and BCEA requirements.||Corrective measures to address poor performance, absenteeism and minor misconduct.
Employee and employer rights and procedural fairness requirements of a disciplinary enquiry. Need for consistency in the enforcement of disciplinary rules and standards.
||Role Play.||To create conscious incompetence|
|Preliminary investigation.||Handling an incident and gathering of evidence including questioning of suspects and witnesses. Suspect given an opportunity to explain.
Transgression identified and the charges/allegations properly framed.
If appropriate the suspect suspended, hearing is scheduled and all parties notified via proper and timeous notice of the disciplinary hearing.
|Video: The Jabu Gumede Case.|
|Charges – exercises, role plays.|
|Procedural Fairness||Case law.||Code of Good Practice – requirements for procedural fairness.
Avril Elizabeth Home, SABC and Sidumo cases – a disciplinary hearing is not a court of law.
|Investigating misconduct||The Disciplinary Initiator’s Pack.||Contents, evidence gathering and using the document to ensure proper case preparation.|
|Case preparation for role play.||Investigation, interviewing of witnesses and evidence gathering.
Freeway questioning technique.
Preparation of Case Outline and questions for cross-questioning.
|New Disciplinary Hearing Procedure||Video: The Jabu Gumede Case.||The new procedure – focus of the chairperson in identifying and narrowing issues in dispute while, at the same time, maintaining impartiality.
Leading management evidence relating to issues in dispute (the role and responsibility of the Initiator).
Evidence of employee relating to issues in dispute.
Cross-questioning of witnesses.
Mitigating and aggravating factors – one stage procedure.
|Disciplinary Hearing Record/ Checklist for new procedure.|
|Practical Exercises.||Initiators: Preparing freeway questions
Chairpersons: Preparing appropriate questions to narrow charges/issues in dispute.
|Basic Rules of Evidence
|Video: Rules of Evidence.||Rules of evidence for admitting or rejecting evidence (include privilege, presumptions, rules for admitting hearsay evidence, evidence of a single witness, entrapment etc.).
Types of misconduct (including team and derivative misconduct) and factors to be considered.
Only admissible evidence is admitted and weighed.
Finding is based on the balance of probabilities, internal precedents and case law.
|Role Plays and assessments||Initiators initiate (perform functions).||Learners role play their respective roles and must demonstrate the necessary knowledge and skills – initiating and chairing with emphasis on the new procedure whereby only evidence in dispute is led and examined.|
|Chairpersons chair (perform functions).|
|POE Building.||Where learners are to be assessed.|
- A system for identifying and dealing pro-actively with troubled employees is implemented.
- Improved discipline and morale through fair, consistent and timeous enforcement of rules and standards.
- Disciplinary enquiries are handled fairly and efficiently. Guilt is proved in misconduct cases and appropriate sanctions are applied.
- Proper documentation to prove guilt and fairness of sanctions is kept. Dismissals referred to the CCMA/bargaining councils are upheld.
Learners will develop:
- Knowledge of legal compliance and fairness requirements of the LRA and related Acts.
- Investigating and case preparation skills, questioning and listening skills, and discernment/decision making skills.
- Confidence, knowledge and skills to chair disciplinary enquiries and make a substantively fair and justifiable finding and sanction in accordance with rules of evidence and precedent.