Explore the Labour
Relations Act requirements in respect of discipline and dismissals and the need
for proper case preparation before a disciplinary enquiry.
Procedural fairness requirements are complied
disciplinary incident and prepare the notice for a disciplinary enquiry.
A preliminary investigation is conducted and
available evidence is secured.
The employee is confronted with the relevant
facts and provided with an opportunity to explain.
The transgression is correctly identified and
the correct procedure for dealing with it selected.
In the case of serious (dismissible
offences), the reasons for suspending an employee pending an enquiry are
properly considered and the charges against the employee are prepared.
Notice of the disciplinary enquiry is
completed and issued to the employee.
Prepare for a
Further investigation into the incident,
including the interviewing of witnesses, is conducted and documents and
exhibits for evidence are secured.
Questions for leading evidence-in-chief are
Questions for the cross-examination of
witnesses are prepared.
Witnesses are prepared before the hearing.
An opening statement is prepared.
A draft closing argument is prepared.
Lead the case for
or against the employee in a disciplinary enquiry.
The procedure for a disciplinary enquiry is
understood and observed.
An opening statement is presented.
The evidence-in-chief of witnesses is lead.
Witnesses are cross-examined.
A closing argument is presented.
Evidence in mitigation or aggravation is