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IR&LSTraining

Fair and effective discipline – from warnings to chairing watertight dismissals

By 17th Apr 2019Oct 14th, 2019No Comments
  • General principles of discipline
  • Conducting a fair disciplinary enquiry and examining employer/employee rights
  • The effect of criminal proceedings on disciplinary action
  • Practical: The code of good practice on misconduct including incapacity, Schedule 8 of the Labour Relations Act.

The workshop will cover

Section One – Fair and effective discipline

  • Introduction to effective discipline
  • Management and the need to discipline
  • Management and the need to maintain discipline (Worksheet A)
  • Management and the need to maintain discipline (Worksheet B)
  • Effect of these developments in the early 1980s on the manager’s right to discipline
  • What effect does the LRA (1995) have on discipline and dismissals?
  • Unfair dismissals
  • Unfair dismissal, Automatically unfair dismissal and fair dismissal (Worksheet C)
  • Employee duties to a company (Worksheet D)
  • Automatically unfair dismissals
  • Employee duties to a company
  • Discipline guidelines
  • Issuing of warnings (Worksheet E)

Section Two – Conducting a fair disciplinary enquiry

  • How to conduct a fair disciplinary enquiry
  • Fairness: General principles
  • Overview: procedural and substantive fairness
  • The disciplinary enquiry: preliminary investigation to collect evidence
  • The disciplinary enquiry
  • The disciplinary enquiry: notification
  • The disciplinary enquiry: formulating the charge
  • The disciplinary enquiry: employee rights
  • Checklist for the chairperson of a disciplinary enquiry (example)
  • How to conduct a disciplinary enquiry (example)
  • The key roles and characteristics of participants at a disciplinary enquiry (Worksheet F)
  • Roles and characteristics of participants at a disciplinary enquiry
  • The disciplinary enquiry: closing statements
  • The finding: verdict and penalty (Worksheet G)
  • Testing fairness: group discussion (Worksheet H)
  • The finding: verdict
  • The finding: mitigation
  • The finding: penalty
  • Testing fairness
  • Appeal procedure
  • Fair enquiry guidelines
  • Summary: fair enquiry guidelines

Section Three – effect of criminal proceedings on disciplinary action

  • Criminal proceedings and disciplinary enquiries
  • Disciplinary enquiry: notification
  • Acquittals: effect on dismissal
  • Acquittals: effect on dismissal – case study (Worksheet I)
  • Criminal actions: management guidelines
  • Exceptions: inability to hold a disciplinary enquiry
  • Criminal acquittals: management response

Section Four – The Code of Good Practice: Dismissals

  • Introduction
  • Fair reasons for dismissal
  • Procedures
  • Suggested procedure for holding a disciplinary investigation [Item 4(1) of the code]
  • Dismissals and industrial action
  • Poor work performance
  • Ill health or injury

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