This programme is
targeted at disciplinary chairpersons.
Explore LRA procedural fairness requirements
and the rules of evidence applied in disciplinary hearings.
Complying with LRA requirements in respect of
discipline and dismissals.
Observing rules of evidence in hearings.
Follow adversarial disciplinary enquiry
procedure, facilitate the leading of evidence and maintain control of
Ensuring that the employee is properly and
clearly informed of the allegations and of his/her rights.
Asking relevant questions to ensure that
proper procedure was followed prior to the hearing.
Ensuring that the enquiry follows an
adversarial procedure and is conducted in a firm and procedurally fair manner.
Asking relevant questions for clarification.
Leading evidence and cross-examining
Observing rules of evidence during
proceedings and admitting only admissible evidence.
Complying with the Labour Relations Act
procedural fairness requirements.
Ensuring that behaviour is free of bias
toward any party.
Ensuring that the proceedings are recorded
succinctly and evidence-in-chief and evidence-in-cross-examination are recorded
Make and motive a substantively fair finding.
Considering and carefully weighing up all
Basing the decision on the balance of
Informing the employee of the reasons for the
Recording the reasons
for the finding.
Make and motivate a substantively fair
Giving parties an opportunity to plead
mitigation or aggravation.
Eliciting information regarding mitigation and
aggravation when necessary.
Reviewing the employee’s personal record.
Considering and carefully weighing all
Demonstrating clear reasoning for reaching
the final decision.
Informing the employee in clear terms of the decision.
Advising the employee
of the reasons for the sanction and the consequences of failing to comply with
rules or work standards (where a warning or alternative to dismissal is
Advising the employee
of his / her right to appeal / dispute the decision.
reasons for the decision and flaws in the initiator’s case or reasoning to the
Counsel an initiator (if and when necessary).
Explaining the reasons for the decision and
flaws in the initiator’s case.