Initiating and Chairing Disciplinary Hearings Training

Introduction

Enhance your understanding and skills in managing workplace discipline with our comprehensive course on “Initiating and Chairing Disciplinary Hearings.” This training is designed for HR professionals, managers, and anyone involved in the disciplinary process, providing the essential knowledge and tools needed to conduct hearings fairly and effectively.

Overview

Disciplinary hearings are a critical aspect of maintaining workplace standards and accountability. This course offers detailed guidance on both initiating and chairing these hearings, ensuring that they are conducted in accordance with legal and ethical standards, and that all parties are treated with fairness and respect.

Audience

This course is ideal for:

  • HR professionals responsible for overseeing the disciplinary process.
  • Managers and supervisors who need to enforce workplace policies.
  • Members of disciplinary committees in the workplace.

Course Outline

Through this Managing Workplace Discipline and Poor Performance Training, delegates will learn:

 Instilling discipline in the workplace

  • An introduction to the disciplinary process and its purpose
  • Fundamental premises that should apply to all disciplinary action
  • Typical causes of disciplinary problems and poor work performance problems
  • 3 main causes of indiscipline and poor performance – how to correct them:
  • Poor communication
  • Unclear procedures, standards and rules
  • Middle Managers styles of leadership and control

Handling non-dismissible offences

  • Understanding your company’s disciplinary code, and best practice procedures for performance and disciplinary meetings: counselling’s, verbal warnings, written warnings, final written warnings
  • How to carry out disciplinary and poor performance meetings, and issue the appropriate corrective processes and / or disciplinary  warnings
  • Role-play exercise on issuing a disciplinary warning for time-keeping
  • Role-play exercise on issuing a counselling for poor performance
  • Role-play exercise on issuing a written warning for poor performance
  • Drafting a Performance Improvement Plan
  • Setting up a date and time for review and follow up

Dismissals: Unfair dismissals and unfair labour practices

  • The right not to be unfairly dismissed
  • Automatically unfair dismissals, other unfair dismissals
  • Code of good practice: dismissal (Schedule 8)
  • Disputes about unfair dismissals, the burden of proof, remedies

Initiating a disciplinary hearing and leading evidence

  • Investigating and collecting evidence
  • Formulating the charges:
    • The impermissible splitting of charges, and independence of transgressions
  • Preparing witnesses
  • Opening statements, presenting the evidence, cross-examining witnesses, admissible and inadmissible evidence, closing arguments

Presiding Over Disciplinary Hearings

  • Procedural and substantive fairness
  • The disciplinary hearing process flow
  • The rules of evidence applicable to disciplinary enquiries in the workplace
    • The admissibility of evidence, allegations, evidence and facts
    • Real evidence, admissions and confessions

Managing the disciplinary hearing process:

  • Considering only relevant and acceptable facts
  • Considering the reliability and credibility of witnesses
  • The balance of probabilities
  • The onus / burden of proof
  • Deciding the merits of the case
  • Formulating and documenting the decision on guilt
  • Mitigating and aggravating circumstances
  • Determining and ruling on the sanction (action taken)

Representing employees at a disciplinary hearing

  • Meeting with the accused to analyse and discuss the charge
  • Preparing the accused and witnesses for the hearing
  • Leading the accused’s evidence, leading witnesses, and cross-examining witnesses
    • Controlling witnesses on cross-examination
    • Using scenario painting / story-telling techniques in cross-examination
    • Preparing and presenting mitigation
    • When relevant, lodging an appeal in terms of the disciplinary procedure
  1. Promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination
  2. Implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce.’

Welcome to our complete guide on Employment equity and its new 2023 amendments. Right here, we will offer you with clear and concise information about this important new EE legislation, ensuring you understand its motive, key principles, EE changes, Compliance and the obligations it imposes on employers. We will also talk the newest amendments and their impact, retaining you updated with the modern day compliance requirements.

At its core, Employment Equity aims to promote fair and equitable workplaces by addressing systemic discrimination and ensuring equal opportunities for all employees. This Act encourages employers to create inclusive environments where diversity is valued and individuals from designated groups have equal access to employment and advancement opportunities.

With the current amendments, Employment Equity has undergone essential modifications. We are going to delve into those updates, highlighting the important areas affected and the implications for employers. By understanding the amended provisions, you will be better equipped to navigate compliance necessities and ensure your employer meets its obligations. At McDowell Development Institute South Africa ( MDSA ) We believe Employment Equity should be about Transformation, Diversity, Inclusive and Equity.

In terms of the new amendment,

  1. Changes include the introduction of an Employer Equity Certificate of Compliance which companies wishing to participate in state contracts are now required to provide. Companies without an Employment Equity Certificate of Compliance will not be able to receive any points under the Management Control pillar of the B-BBEE scorecard and could be subject to fines and penalties for non-compliance with the Employment Equity Act. Management Control has traditionally been the pillar that all sectors struggle the most with.
  2. Sector-specific targets set by the Minister of Employment and Labour ostensibly after consultations with industry over the past 18 months, appear to have been more closely aligned to the BEE scorecard.

The newly amended Employment Equity (EE) Act to aid workplace transformation in SA to come into operation on 01 September 2023

Download the proposed EE Sector Numerical Target

Conclusion

“Initiating and Chairing Disciplinary Hearings” is an essential course for anyone involved in managing workplace discipline. It ensures that disciplinary processes are handled professionally, fairly, and legally, supporting a respectful and compliant workplace environment.

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