Effective Disciplinary Hearings for Chairpersons

This course is accredited by the Services Seta and material covers unit standard 10985 at NQF level 6 worth 5 credits.

COURSE OUTLINES

MODULE 1:

The Law of Evidence

Module Outline:

• Understanding the principles of the law of evidence

• Applying the principles of the law of evidence

• Evidence that is admissible and inadmissible

• Chairpersons evaluating the evidence

• Types of evidence

• Prima facie evidence

• Circumstantial evidence

• Corroborating evidence

MODULE 2:

Chairing a Disciplinary Hearing – Rights & Responsibilities of the Chair

Module outline:

• How to check the allegations/charges / notice to attend a hearing were fairly issued

• How to ensure rights of employee are respected during enquiry

• How to ensure hearing is not derailed or sabotaged by shop steward reps

• Understand all fairness and equity principles

• Create a better understanding of required procedures during hearings

• Rights of the chairperson

• Responsibilities of chairperson

• Making Appropriate sanction

• Consistency of the organisation in applying sanctions

• Weighing up evidence and the balance of probabilities

• How Commissioners will weigh up evidence

• Commissioners rulings on unfair dismissals

MODULE 3:

Chairing a hearing – Fair Procedure

• Preparation for the hearing

• Procedure and conduct during the disciplinary hearing

• Procedure and conduct during the appeal hearing

• Be able to prepare for such hearings

• Understanding and complying with the duty to keep record

• Chairing the hearing

• Conducting and managing the hearing

• Implement procedure to handle non-dismissible offences.

• Hear pleadings

• Mitigating & aggravating circumstances

• Take a decision as to sanction.

• Inform employee of and record decisions.

• Ensure that proceedings and decisions are recorded

• Fun Role Play of a Disciplinary Hearing

MODULE 4:

Difficult situations and the CCMA Guidelines on Misconduct of January 2012:

• Procedure regarding further investigations needed at the end of the hearing

• Procedure regarding handling new charges arising during the hearing

• Procedure regarding timeframes regarding long delays

• Procedure regarding subpoenaing unwilling witnesses

• Procedure regarding legal representation in a hearing

• CCMA guidelines on acceptable reasons to uphold a dismissal

• CCMA guidelines on consistency

• CCMA guidelines on precedence

• CCMA guidelines on when to give a final written warning

• CCMA guidelines on aggravating circumstances and its weight

• CCMA guidelines on mitigating circumstances and its weight

• CCMA guidelines on weighting of Labour Court cases

• CCMA case law history and precedents

Contact Details

Contact Person: 

Julius Matose
Contact: Imsimbi Training
Course Details

Course Duration: 

2 days

Cost: 

R 6,890 Excl VAT