Water-tight Dismissals – Chairing Disciplinary hearings – Boksburg – 04 April 2019

Non Member: R2,540.03 ex vat

Date: 04 April 2019

  • Start Time:
    08:30
  • End Time:
    13:00
  • Venue:
    Afrique Boutique Hotel, Boksburg
  • Member Price: R
    2144.91
  • Non-Member Price: R
    2540.03
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Description

About the workshop

• 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

The presenter

SEIFSAs Industrial Relations Department senior personnel are acknowledged as experts in all facets of industrial relations, including industry negotiations, dismissals, employment contracts and dispute resolution.

Who should attend?

• Anyone who needs to know and understand the principles and objectives of fair discipline, how to issue warnings and conduct fair disciplinary enquiries which may lead to dismissal.
• HR / IR personnel
• Supervisors
• Line Managers
• Managing Directors

Included in the fees

• Course material
• SEIFSA Adviser: Disciplinary Policy and Code
• Certificate of attendance
• Refreshments
• Parking

SEIFSA also offers the training on an in-house basis which is a more cost effective option for several delegates.

Enquiries

Natalie Fourie
Tel: 011 298 9424
Email: natalie@seifsa.co.za or info@seifsa.co.za