Discipline & Dismissals. This covers the meaning of dismissal; automatically unfair dismissals; other unfair dismissals and unfair labour practices; disciplinary rules - minor and major transgressions; corrective disciplinary measures; probation and dismissals for poor performance; terminations for incapacity; procedural fairness in misconduct cases including a procedurally unfair enquiry (learners are encouraged to identify errors); the roles of parties in a disciplinary enquiry including the difference between inquisitorial and adversarial enquiries, and the procedure for an adversarial enquiry; making a finding - the balance of probabilities vs beyond reasonable doubt; substantive fairness and disciplinary appeals.
Initiating Disciplinary Enquiries.This course covers:
• LRA requirements in respect of dismissals for misconduct.
• How to investigate an incident and prepare notice of a disciplinary enquiry, including collecting evidence and drafting the charges.
• How to prepare for a disciplinary enquiry including preparing witnesses, preparing for cross-examination, preparing opening statements and closing arguments.
• Presenting your case including how to lead evidence and cross-examine witnesses.
• Learners develop skills through participation in practical exercises and role-plays based on actual incidents. They receive a handy ready reference booklet and an ‘Initiator’s Pack’ giving them a checklist and step-by-step approach to initiating at a disciplinary enquiry.