Preparing for and Presenting in Disciplinary Enquiries (Initiating Disciplinary Enquiries)

Why Attend?

This two or two-and-a-half-day programme will equip you to initiate (prepare for and present cases in) disciplinary enquiries. Discover the process and requirements for dealing with serious misconduct in the workplace and learn to manage such disciplinary matters legally, fairly and in line with your organisation’s Disciplinary Code and Procedure. Become equipped to thoroughly prepare a case for presentation in a disciplinary enquiry and then to present the case in the enquiry in a manner that ensures substantive and procedural fairness.

Main Topics

  1. Typical difficulties encountered in disciplinary enquiries

  1. 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

  1. Investigating a disciplinary matter

    • Conducting a disciplinary investigation

    • Precautionary suspension

    • Guidelines for statement taking

  1. Preparing for a disciplinary enquiry

    • Formulating the charge/s

    • Issuing the notice to attend a disciplinary enquiry

    • Stages in preparing for a disciplinary enquiry

    • Strategising the case and final preparation

  1. Evidence

    • Use of witnesses

    • Guidelines for preparing witnesses

    • Rules of evidence

    • Introducing new evidence

  1. 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

  2. Mock disciplinary enquiry role play (if course is 2.5 days in duration)

Course feedback

  • I found the programme very informative, relevant and enlightening. It was necessary for my career.

    Delegate
    Sep 2020
  • Valued added and insightful. Presented full of real life case studies to help memorise facts and ideas.
    Raymond Olivier
  • I strongly believe this course will empower every new line manager in their performance management tasks. The knowledge will allow them to effectively draw up credible charges and obtain the desired outcomes.

    Anthea Hannie, HR
    May 2018
  • The course was very refreshing – first time for me. I am very encouraged by the key learnings and insights. The facilitator conducts herself very professionally. I have learnt so much on the back of two recent enquiries where I was an observer and a representative without any exposure.
    Shawn Booysen
  • A very easy course to follow and gives you confidence to initiate a disciplinary enquiry.
    Larry Wilensky