LABOUR AT WORK // Specialist Employment and Labour Law Consultancy for the Public Sector
Labour at Work Specialist Employment Labour Law Cnsultants

Advanced Disciplinary hearing skills

Target group:
Labour relations practitioners, supervisory and management staff who act as chairpersons

Desired outcomes:           
To equip chairpersons of disciplinary hearings with advanced guidance to respond to serious problems often experienced in a disciplinary hearing

Content:                         

  • Absence from hearing
  • Access to statements or investigation reports
  • Aggravating versus mitigating circumstances
  • Appeal (what, how)
  • Balance of probability
  • Charge of one offence, but other offence proofed (possession of pornographic video, but indecent behaviour proofed)
  • Contempt of disciplinary hearing
  • Criminal offences
  • Fiduciary duties of employee (to report transgressions and to give evidence at a disciplinary hearing)
  • Double jeopardy
  • Hearsay evidence
  • Legal practitioner
  • Objections during hearing (put the answer in witness mouth)
  • Opinion evidence
  • Previous warnings/transgressions
  • Postponement requests
  • Prima facie evidence
  • Representative not available
  • Suspension period lapsed, but investigation not yet concluded
  • Shop steward (duties, misconduct etc.)
  • Witnesses (call of witnesses, being unavailable, recalcitrant, hostile, etc)

Training methodology:

  • Presentations
  • Case studies

Course duration: 1 day