From Informal Warning to Formal Hearing

Duration: 2 days

Introduction

Of cases that employers lose at the CCMA, the majority although substantively valid, are lost because of procedural incorrectness.

The purpose of a disciplinary code and procedure is to regulate standards of conduct of employees within an organisation. The aim of discipline is to consistently correct unacceptable behaviour in the workplace. This consistent application of discipline, creates clarity and certainty regarding expected performance and behaviour in the minds of workers. 

This course is designed to give managers not only the insight, but also the skills and techniques with which to fulfil the requirements of the disciplinary procedure. 

Course outline – Disciplinary Procedure 

Objectives of the programme

• Understanding of a fair disciplinary hearing.

• Preparing for a disciplinary hearing.

• Effectively conducting hearings.

• When to institute a disciplinary hearing.

Day One                          

1. Developing a mental picture of what a disciplinary hearing looks like.

2. Overview of the Disciplinary Code of Conduct.

3. Pre-disciplinary hearing stages.

4. Code of Good Practice.

5. Roles and responsibilities of parties in the hearing.

6. Preparation for a disciplinary hearing.

7. The pre-hearing phase.

8. The hearing stage.

Day Two                        

1. Misconduct: deciding whether to charge or not to charge an employee.

2. Procedural fairness

3. Evidence (Practice and Procedure).

4. Procedural and Substantive fairness requirements for:
   Misconduct.
   Incapacity (poor work performance
   Incapacity (ill health)

5. Making a choice of chairperson.

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