Workplace Discipline and Dismissal


16 August 2019: Emperors Palace: Convention Centre




  Click here to download registration forms for 16 August 2019: Emperors Palace: Convention Centre



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Table of Content

Module 1 – Introduction


Module 2: Workplace Discipline

  • The disciplinary Code

  • Warnings: Verbal, Written and final written warnings

  • Corrective/ Progressive Discipline

  • Maintain acceptable conduct in the workplace

  • Employee Behaviour

  • Serious Offences

  • Senior Management

  • When to use formal and Informal Discipline

  • When to hold a formal Disciplinary Hearing

  • Consistency

  • Probation

  • Grievance Procedures

  • Suspension

  • Demotion as an alternative to dismissal

  • Procedural and Substantive Fairness


Module 3: Fair reasons for dismissals

  • Dismissals for misconduct

  • Incapacity/ poor Performance

  • Retrenchments


Module 4 – Drafting / Formulation of Charges

  • Deciding on the charges

  • How to charge an employee

  • Alternative Charges

  • The charges and the disciplinary Code

  • Avoid the splitting of charges


Module 5 – How to investigate misconduct

  • Where to start

  • What must the investigator look for?

  • Examples of transgressions

  • The sources of evidence and witness statements 


Module 6 – Dismissal for Misconduct      

  • Has a rule or standard been broken, or a policy or procedure or the employment contract been breached?

  • Was the rule or standard reasonable, lawful and attainable?

  • Was the employer's expectation of compliance with the breached rule or standard a fair and reasonable expectation?

  • Was the accused employee aware of the rule or standard or could he/she reasonably be expected to have been aware of it?

  • Did the accused employee understand the requirements of the rule or standard?

  • Has the rule or standard has been consistently applied by the employer?


Module 9: Initiate/ charging the employee

  • Preparing for the disciplinary hearing

  • Do’s and don’ts for initiators


Module 10: The disciplinary hearing       


Who should attend?

  • Employment relations managers/ practitioners, general managers, HR Managers, discipline, union representatives, individuals that act as initiators/ prosecutors in disciplinary hearings.


Course outcome

  • After completion participants should be able to conduct an investigation, identify and categorise transgressions, implement appropriate procedures and represent the company or an employee at a disciplinary hearing.



  • R 3190-00 (incl. Vat) per delegate

  • Price include course material, certificates, and catering/ refreshments

  • Safe and secure parking


For further information contact:

  • Hanlie or Peraldo on (012) 666 8284
  • E mail or  





Click here to download registration forms for 16 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”.

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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.

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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.

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