This one-day seminar aims at managers who must prepare for and present cases at a disciplinary hearing. It shows you step-by-step how to write winning disciplinary charges that will stick.
Consider YOUR verdict! Discover the learning points from real-life cases where other managers battled and groaned to get things right! You will learn from their mistakes ... so that you will always feel on top of things. The case studies are the single most important benefit of this seminar. Walk away with down-to-earth tools that you can immediately use.
Disciplinary hearings often are procedurally weak because of a lack of proper disciplinary charges and poor presentation of evidence. Often, the real disciplinary charges emerge only during the hearing. However, presiding officers are bound by the charge sheet and cannot find an employee guilty of charges not mentioned in the charge sheet. Must the employee then be acquitted on a "technical point"? Managers often do not know what they must do. After all, you are not trained to act as some smart "lawyer"!
This Skills Shaping Seminar™ will give you proven, successful techniques to enable you to maintain positive discipline.
The aim of the seminar is as straight as its title ... to train you how to select and write disciplinary charges to ensure fair, but firm, disciplinary action.
Disciplinary hearings nowadays require a more legalistic approach with the interpretation of misconduct charges. "Guilty" employees should not get acquittal merely because charges were wrongly chosen and wrongly formulated.
The charges must withstand the scrutiny of the CCMA so that the company will not waste money and time by losing cases.
Through highly interactive lectures and workshop sessions you will get in-depth instruction how to carry out your function effectively. Bring your company's disciplinary code and procedure with you to the seminar and experience directly how you can can get a firm grip on discipline. For in-house seminars, we will design the seminar to fit your company’s needs and procedures.
3. SEMINAR CONTENT
The seminar consists of the following modules:
1. INVESTIGATIONS AND HEARINGS
What is an “Investigation”?- What is a “Hearing”? - Documentary and physical investigations - Asking for an explanation by the employee
2. THE PROCEDURES
The Disciplinary Procedure - What is the difference between Misconduct and Poor Performance? - The Poor Performance Procedure - The role of the supervisor - The employee representative - What must the case presenter do in misconduct cases? - The role of the chairperson - The role of the Human Resources department - When can Management discipline an employee for an offence? - Questions to ask when an employee breaks a workplace rule - When must I deal with a problem at stage 1? - When must I handle a problem at stage 2?- When must I handle a problem at stage 3 or 4?
3. THE CHARGE
What is a charge? - What are the elements of a charge? - What are charge details? - The Charge Label - What are the basic rules for proving a charge? - Splitting of charges
4. INTENTION AND NEGLIGENCE
Intention - Negligence
5. A COMPENDIUM OF OFFENCES
Theft - Unauthorised possession of goods - Theft under false pretences - Receiving stolen property - Falsification or Forgery - Issuing a false document - Fraud - Corruption - Assault - Intimidation - Damage to property - Unlawful or unauthorised possession of a dangerous weapon on company premises - Arson - Drunkenness or Intoxication - Smoking in a non-smoking area - Failure to wear protective clothing - Absence without leave - Desertion - Reporting late for work - Negligent or reckless driving of a vehicle - Loss of company property - Insubordination - Using abusive language - Harassment
6. SELECTING WINNING CHARGES
10 Steps to writing a winning charge
7. APPLYING THE RULES OF EVIDENCE
What is the burden of proof? - What is the “evidential burden” or “weerleggingslas”? - What must the employer prove? - Definitions - How must I apply the standard of proof “on a balance of probabilities”? - When does the company have jurisdiction to discipline?
8. ADMISSIBILITY OF EVIDENCE
“Relevance” versus “Admissibility” - Is “admissibility” the same as the “weight” of the evidence? - Privileged evidence - Hearsay evidence - Opinion evidence - Similar fact evidence - Character Evidence - Admissions and Confessions - Tips for handling of admissions or confessions - Documentary Evidence - Lie detector test - Direct and circumstantial evidence - Credibility of Witnesses - Unreliable evidence and “the cautionary rule”
9. TECHNIQUES FOR CONDUCTING YOUR CASE
The Opening Statement - Leading of Evidence