Workplace discipline in South Africa

Workplace discipline and disciplinary hearings - for managers, HR practitioners, initiators and chairpersons.

1. Conflict management and dismissal grounds - An overview of labour law in respect of various grounds of dismissal, including distinguishing Misconduct from Incapacity when dealing with poor performance.
2. Managing discipline - fairness principles and Schedule 8 of the Labour Relations Act. Procedural and substantive fairness requirements in terms of the LRA unpacked and explained practically. Making sure that both formal and informal disciplinary processes comply with these provisions.
3. ​Basic rules of evidence and the onus of proof- A brief overview of evidentiary principles and the probative value of different types of evidence – including hearsay, polygraphs, secret recordings, the best evidence rule, etc.
4. Investigating and preparation: Investigating alleged misconduct; Formulating charges; Pre-hearing formalities and procedures (suspension, notification, representation, employees' rights); Case preparation - witnesses, documents
5. The disciplinary hearing:​ Procedural aspects; Presenting evidence effectively and cross-examination strategies; Evaluating evidence and making a finding
6. Sanction selection - The various factors to be taken into consideration when deciding on an appropriate sanction; available sanctions, validity of warnings, etc.
7. Specific offences - Highlighting specific types of misconduct and the requirements to successfully prove these – e.g. intoxicating substances; absenteeism; dishonesty; assault; harassment; insubordination/insolence.

The workshop is presented by Judith Griessel, an ex-magistrate and labour law specialist with more than 25 years' experience in employment relations and training.