Chairing Discipinary Enquiries Training

By: Bruniquel & Associates (Pty) Ltd  10-05-2011
Keywords: Labour Law


This programme is targeted at disciplinary chairpersons.

1.         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.

2.         Follow adversarial disciplinary enquiry procedure, facilitate the leading of evidence and maintain control of proceedings.

·         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 witnesses.

·         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 verbatim.

3.         Make and motive a substantively fair finding.

·         Considering and carefully weighing up all relevant factors.

·         Basing the decision on the balance of probabilities.

·         Informing the employee of the reasons for the finding.

·         Recording the reasons for the finding.

4.         Make and motivate a substantively fair sanction.

·         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 relevant factors.

·         Demonstrating clear reasoning for reaching the final decision.

·         Informing the employee in clear terms of the decision.

·         Substantiating the decision properly.

·         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 appropriate).

·         Advising the employee of his / her right to appeal / dispute the decision.

·         Explaining the reasons for the decision and flaws in the initiator’s case or reasoning to the employee.

5.         Counsel an initiator (if and when necessary).

·         Explaining the reasons for the decision and flaws in the initiator’s case.

Keywords: Labour Law

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