Chairing Disciplinary Enquiries

Course feedback

The course was well planned and will benefit me personally as the roles and examples were based on real life.

Sun City Resort

The training exercises do make you learn more than just boring reading in other courses.

Sun City Resort

Very good course as I had never formally done a chairing course. Would recommend it.

The Boardwalk Casino

Why Attend?

This two-day programme will equip you to chair disciplinary enquiries fairly and in line with your organisation’s Disciplinary Code and Procedure and the requirements of South African Labour Law. Learn to handle procedural challenges appropriately and hear and assess evidence in a proper manner. Know how to make and write up a reasoned decision.

Main Topics

Typical difficulties encountered when chairing disciplinary enquiries
The law of unfair dismissal
- LRA Code of Good Practice: Dismissal
- Categorisation of dismissals
- Substantive & procedural considerations for fairness
- Standard and onus of proof
- Considerations for sanction
- Remedies for unfair dismissal in terms of the LRA
Evidence
- Rules of evidence
- Introduction of new evidence
Disciplinary enquiry procedure
- Comprehensive procedure for a disciplinary enquiry
- Participants in a disciplinary enquiry
- Opening statements
- Narrowing of the issues
- Examination
- Cross-examination
- Re-examination
- Closing statements
Managing procedure
- Handling procedural challenges and objections
- Dealing with points in limine
Decision making and the finding
- Considerations for decision-making
- Structure of a finding
- Do’s and don’ts of writing a reasoned finding
Qualities and behaviours of an effective chairperson