Discipline and Dismissal


   


Chairing Disciplinary Hearings
  
  

 

31 July 2019 & 01 August 2019: Emperors Palace: Convention Centre

 

Online Booking form

 

Click here to download registration forms for 31 July 2019 & 01 August 2019: Emperors Palace: Convention Centre

 

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 5990-00 (incl. Vat) per delegate

  • Price include course material, certificates of attendance, & catering/ refreshments  

  • Safe and secure parking

  • 2 Days Practical Training

For further information contact:

  • Peraldo Senekal (012) 661 3208
  • Fax: (012) 661 1411
  • i
 

Online Booking form

 

Click here to download registration forms for 31 July 2019 & 01 August 2019: Emperors Palace: Convention Centre

 

 

Case Law Summaries and Articles

 

Can employees be dismissed for refusing to accept new terms and conditions of employment?

Can an employer dismiss employees because they refuse to agree to a change to their terms and conditions of employment? An initial answer may be, “yes”.

Read More >>>

 

Escape route: “Resignation with immediate effect”

The latest case in the ‘disciplining employees who have resigned with immediate effect’ saga has brought about more uncertainty as to whether an employee who resigns with immediate effect shortly before a disciplinary hearing can avoid disciplinary action and subsequent dismissal.

Read More >>>

 

Freedom of expression or incitement to commit an offence? A constitutional challenge

On 4 July 2019, the North Gauteng High Court handed down judgment in the case of The EFF and other v Minister of Justice and Constitutional Development and other (87638/2017 and 45666/2017) in which the EFF and Julius Malema (the applicants) sought to have s18(2)(b) of the Riotous Assemblies Act, No 17 of 1956 (Riotous Act) declared unconstitutional.

Read More >>>

 

Consolidated, comprehensive or general final written warnings

Regarding dismissal, according to the Code of Good Practice, “the courts have endorsed the concept of corrective or progressive discipline. This approach regards the purpose of discipline as a means for employees to know and understand what standards are required of them.

Read More >>>

 

 

 

 

 

 

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