Inititiaing Disciplinary Enquiries Training

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



1.         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 with.

2.         Investigate a 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.

3.         Prepare for a disciplinary enquiry.

·         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 prepared.

·         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.

4.         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 presented.

Keywords: Labour Law

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