CA-EN
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2020-06-03
LAW OF EVIDENCE IN SO FAR AS IT MIGHT APPLY TO DISCIPLINARY ENQUIRIES
THE ROLE OF THE CHAIRPERSON
Upcoming Webinar Short Course: Initiate & Chair a Disciplinary Enquiry
A 2-day programme designed to empower all managers and leaders in the organisation to initiate and preside over disciplinary hearings.
Date: 23 and 24 June 2020
Time: 08:00am - 13:00pm
Platform: Zoom Webinars
Cost: R1500.00 excluding VAT per person
Time: 08:00am - 13:00pm
Platform: Zoom Webinars
Cost: R1500.00 excluding VAT per person
AN INTRODUCTION TO THE DISCIPLINARY PROCESS AND ITS PURPOSE
- Fundamental premise that should apply to all disciplinary action
- Typical causes of disciplinary problems in the workplace
- Different types/ categories of dismissal What does the law require in order for a dismissal to be fair? Substantive Fairness & Procedural Fairness
- Progressive discipline
- Initiating a disciplinary enquiry, collecting evidence, drafting the charges, preparing witnesses
- Suspension
THE RULES OF EVIDENCE APPLICABLE TO DISCIPLINARY ENQUIRES ON THE WORKPLACE
- The admissibility of evidence
- Allegations, evidence and facts
- Real evidence, admissions and confessions Preparation for the enquiry.
THE SEQUENCE OF EVENTS - WHAT ONE CAN EXPECT IN A DISCIPLINARY ENQUIRY
- Opening statement- Evidence in chief Cross examination
- Re-examination
- Closing arguments
- Submissions in mitigation and aggravation
LAW OF EVIDENCE IN SO FAR AS IT MIGHT APPLY TO DISCIPLINARY ENQUIRIES
- Deciding the merits of the case
- Relevant and acceptable facts
- The reliability and credibility of witnesses The balance of probabilities
- The onus / burden of proof
- Formulating and documenting the findings Mitigating and / or aggravating circumstances Determining and ruling on the sanction
THE ROLE OF THE INITIATOR
THE ROLE OF THE CHAIRPERSON
