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Chairing Disciplinary Hearings
  
  

 

 

15 & 16 July 2021 (09:00 - 16:00) Interactive Online Course

 

Online Booking form

 

Click here to download registration forms for 15 & 16 July 2021 (09:00 - 16:00) Interactive Online Course

 

Download Brochure

 

 

Table of contents

Module 1: What is a dismissal?

1. Definition

2. Unlawful and unfair dismissals

 

Module 2: The Code of Good Practice - Dismissal 

 

Module 3: Dismissal for misconduct 

1. Introduction  

2. Guidelines in cases of dismissal for misconduct: Item 7 of the Code 

2.1. Is there a rule? 

2.2. Was the employee aware of the rule?

2.3. Did the employee contravene the rule? 

2.4. Is the rule or standard a valid or reasonable rule or standard?

2.4.1. Validity  

2.4.2. Reasonableness 

2.5. Was dismissal an appropriate sanction?

2.5.1. Gravity of the contravention

2.5.2. Reasons for not dismissing: has the rule been consistently applied?  

2.5.3. Reasons for not dismissing: factors that may justify a different sanction 

2.5.3.1. Employee’s circumstances  

2.5.3.2. Nature of the job

2.5.3.3. Circumstances of the contravention  

 

Module 4: Fair procedure 

1. Introduction 

1.1. The right to be informed of the charges

1.1.1. Charges must be clear 

1.1.2. No splitting or duplication of charges 

1.2. The right to a proper opportunity to prepare 

1.3. The employee’s right to be heard and to present a defense

1.4. The right to be fairly judged 

1.5. Suspension  

1.6. The disciplinary hearing 

1.7. Conduct of the chairperson and bias 

1.8. Changing the finding of the chairperson on appeal  

1.9. Double jeopardy 

 

Module 5: Electing a chairperson

 

Module 6: Specific types of misconduct

1. Introduction 

1.1. Derivative misconduct

1.2. Misconduct outside the workplace

2. Absence without leave or permission

2.1. Absenteeism 

2.2. Abscondment  

2.3. Desertion

2.4. Imprisoned employees

3. Failure to inform the employer of the reasons for absence 

4. Abusive language and racist remarks

5. Abuse of sick leave

6. Assault

7. Competing with the employer / conflict of interest 

8. Damage to property

9. Negligence 

10. Disclosing confidential information

11. Dishonesty 

12. Alcohol and drugs

13. Falsification

14. Fraud

15. Bringing the employer’s name into disrepute

16. Insolence/insubordination 

17. Refusal to work overtime

18. Sexual harassment

19. Sleeping on duty

20. Theft/unauthorised possession

 

Module 7: Evidence and findings in disciplinary hearings

1. Leading and testing evidence and versions

2. The opening statement

3. Evidence in chief

4. Cross-examination

5. Re-examination

6. Written statements

 

Module 8: Evaluating evidence

 

Module 9: Evaluating evidence and making a finding

1. Evidentiary burden

2. Evidence: sources, types and admissibility

2.1. Site inspections or inspection in loco

2.2. Customers and suppliers

2.3. Written statements and affidavits

2.4. Probative material 

2.4.1. Oral evidence 

2.4.2. Real evidence - photographs electronic evidence and video tapes

2.5. Admissibility and weight of evidence 

2.6. Relevance of evidence

2.7. Character evidence 

2.8. Similar fact evidence

2.9. Opinion evidence

2.10. Expert evidence

2.11. Previous consistent statements

2.12. Hearsay evidence

2.13. Privileged evidence 

2.14. Illegally obtained evidence

2.15. Direct and circumstantial evidence

2.16. Entrapment 

2.17. The cautionary rule

2.18. Admissions 

2.19. Confessions 

2.20. Polygraph tests

 

Module 10: A step-by-step checklist for disciplinary hearing chairpersons

Disciplinary code 

Practical exercise

The disciplinary process 

 

Who should attend?

HR Managers, line managers, managers responsible for personnel discipline, union representatives

 

Course outcome

  • After completion of the workshop participants will have a clear understanding on how to chair and manage a disciplinary hearing and should be able to reach a decision by taking all the circumstances into consideration.

  • Practical exercises and role plays

  • Delegates will receive the opportunity to participate in groups and to practically chair cases in a simulated environment

 

Price:  

  • R 4350-00 (incl. Vat) per delegate

  • Price include course material, certificates of attendance

  • 2 Days Practical Training

 

For further information contact:

 

Online Booking form

 

Click here to download registration forms for 15 & 16 July 2021 (09:00 - 16:00) Interactive Online Course

 

 

 

 

 

 

 

 

 

 

What does POPI compliance mean?

By Jan du Toit

 

Latest developments – Registration of Information Officers:

 

On 17 May 2021 the Information Regulator’s long awaited online portal went live for the registration of Information and Deputy Information Officers.

 

The Information Officer of a Responsible Party is the person at the head of your company (CEO or MD) or any person acting in such capacity, or specifically appointed by the MD or CEO to be the Information Officer. Registration must be completed before the end for June 2021.

 

The address for the portal is  https://justice.gov.za/inforeg/portal.html   

 

The following information is required to successfully register: 

  • Company name.

  • Company registration number.

  • Company type.

  • Company physical and postal addresses.

  • Company telephone and fax numbers.

  • Information Officer gender, nationality, full name and surname, ID or passport number.

  • Deputy Information Officers same details as per above.

 

POPIA Compliance – what must be done?

With a little more than a month left before POPI becomes fully effective, many employers may find themselves out of time to become fully compliant to amongst other considerations, the 8 processing conditions prescribed in the Protection of Personal Information Act.

 

To be considered compliant the following must be considered and applied in the business of a Responsible Party before 1 July 2021. 

  1. POPI training / awareness sessions for the CEO / MD, managers and others tasked with the company’s POPI compliance project. Have a look on our website for the next POPIA training dates.

  2. Compliance audit to be conducted company-wide per department / division to determine the current processing practices within the organization and to establish what needs to be done to be compliant.

  3. Correction of contraventions as identified, and to introduce reasonable technical and organizational measures to prevent the loss or unauthorized access of Personal Information.

  4. Introduction of Data Subject rights and consent in the business through policies and consent clauses / paragraphs / contracts.

  5. The introduction of a PAIA manual (Promotion of Access to Information Act) that incorporates data subject rights and participation in terms of POPIA. This manual must be published on one of the company’s websites. It is also important to note that the current exemption granted by the Minister of Justice for some business to not have such a manual in place currently, expires at the end of June 2021.

  6. General staff POPI policy and legislation awareness training.

  7. Registration of the company’s Information Officer (the CEO, MD or any person acting in such position).

  8. Follow-up assessment on compliance measures and adherence thereto.

 

It is important to note that no institution, not even the Information Regulator, can “accredit” any Responsible Party in South Africa to be compliant in terms of legislation. Compliance (or otherwise) will only be determined should an investigation be launched by the Information Regulator following a complaint. Should such an investigation confirm a lack of compliance, consequences such an administrative fine not exceeding R10m may follow (which one may luckily pay off in instalments). Further to this those whose rights are infringed upon by a Responsible Party not adhering to the requirements of POPIA, may also institute civil proceedings. Such  proceedings may result in compensation being awarded for loss, as well as aggravated damages determined at the discretion of the court.

 

In terms of section 19 of the Act, the Responsible Party (business owner / employer) is required to introduce reasonable organizational and technical measures to secure the integrity and confidentiality of Personal Information. The organizational measures referred  to above includes inter alia both internal and external policies to introduce the principle of protection of personal information in the workplace, as well as the rights of data subjects.

 

To allow you more time to focus on your business, the author of this article compiled a bundle of detailed policies for your business, ready to use. This includes all relevant forms to be used and a template document with draft consent clauses / paragraphs / rules  to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages, and Independent Contractor agreements.

 

Also included is an Operator Agreement as required in terms of section 21 of the Act and a consent letter for existing clients / service providers, to agree to the continued processing of their Personal Information beyond June 2021.

 

The policies bundle includes: 

  • Privacy notice template to be published on your website.

  • Personal information protection policy.

  • Personal information retention policy.

  • Data breach policy.

  • Data breach register - form.

  • Data breach report - form.

  • Data security policy.

  • Data subject access request policy and procedures.

  • Data subject access request forms.

  • Processing agreement with third parties as Operators - contract.

  • Data subject participation - draft consent paragraphs / clauses to be incorporated into service and employment contracts, job applications, credit and other applications forms, WhatsApp and Facebook groups / pages and Independent Contractor agreements

  • Guidelines on the appointment of deputy information officers, inclusive of appointment letter.

 

For only R3750 you can now order you set of POPI policies, ready to use. Contact Jan du Toit for further assistance at jand@labourguide.co.za

 

 

 

 

 

 

 

 

Courses and Workshops

 

                   

The OHS Act and the Responsibilities of Management

29 July 2021 (08:30 – 16:00)

Interactive Online Course

Basic Labour Relations

29 July 2021 (09:00 - 16:00) (Fully Booked)

Interactive Online Course

25 August 2021 (09:00 - 16:00)

Interactive Online Course

Employment Equity Committee Training

26 August 2021 (09:00 - 16:00)

Interactive Online Course

Compensation for Occupational Injuries and Diseases Course

26 August 2021 (08:30 - 16:00)

Interactive Online Course

POPIA: Protection of Personal Information Act

27 August 2021 (09:00 - 12:00)

Interactive Online Course

Health and Safety Representative and Committee Training Course

27 August 2021 (08:30 - 16:00)

Interactive Online Course

 

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