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Training Options

Our various training options are set out in more detail below.

We are flexible in offering either in-house workshops for management teams; or scheduling public workshops if there is sufficient interest. Our main training format is live, online webinars - however in-person workshops can also be discussed.

Let us know what you need and we'll advise on options and costs.

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Legal principles all employers and HR practitioners should know.

Strategic guidance and practical tips for legal risk management and addressing typical workplace issues.

Duration - One day

 

Online, interactive webinar

A contextual overview of the application of labour law principles and various other laws in the employment environment.

  1. The big picture - Understanding the interplay between various workplace-related laws and legal risk management

  2. Terms and Conditions of Employment

    • The employment contract - terminology, types of contracts​

    • Working hours, notice requirements, leave, etc.

  3. Employment Relations​

    • The principles of fairness
    • Different dismissal grounds
      • Misconduct - managing workplace discipline
      • Incapacity processes
      • Operational requirements / restructuring
    • T​ermination of employment - resignation, retirement, notice requirements, separation agreements
  4. External dispute resolution - main CCMA / Bargaining Council processes​

 
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Basic labour law and litigation principles; how to investigate and present a case; evaluate evidence, make a finding and decide on an appropriate sanction.

Duration - 1 or 2 days

 

Online, interactive webinar. In-house options available.

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

  1. Conflict management and dismissal grounds.

  2. Managing discipline - fairness principles and Schedule 8 of the Labour Relations Act.

  3. Basic rules of evidence and the onus of proof

  4. Investigating and preparation:

    • Investigating alleged misconduct
    • Formulating charges
    • Pre-hearing procedures
    • Case preparation - witnesses, documents
  5. The disciplinary hearing:​

    • Procedural aspects
    • Presenting evidence; cross-examination
    • Evaluating evidence and making a finding
  6. Sanction selection
  7. Specific types of offences

All modules have practical examples and exercises for discussion (2-day option).

 
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Distinguishing misconduct from incapacity; practical training and guidance on how to conduct an internal incapacity process. 

Duration - 3 hours

 

Online, interactive webinar. 

Determining the reason and instituting the right process if an employee is not delivering. For managers and HR.

  1. Distinguishing misconduct from incapacity.

  2. The investigation, reasons for under-performance and Schedule 8 of the Labour Relations Act.

  3. Various incapacity grounds and the basic process explained

  4. Incapacity poor performance, probation and incompatibility:

    • Procedural fairness and record keeping
    • Substantive fairness
    • Reasonable accommodation and alternatives 
    • Dismissal (or not)
  5. Incapacity ill health / injury:​

    • Procedural fairness and record keeping
    • Substantive fairness and medical reports
    • Reasonable accommodation and alternatives
    • Dismissal / disability
  6. Operational incapacity

Practical examples and tools such as flow diagrams.

 

 
 
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Finer points of litigation for initiators and company representatives in disciplinary proceedings. 

Duration - 3 hours

 

Online, interactive webinar. 

Managers and HR practitioners are often required to demonstrate litigation techniques when initiating disciplinary hearings or presenting a case at arbitration. This workshop will help you to hone those skills.

  1. Fairness requirements - Schedule 8 of the Labour Relations Act

  2. Formulating misconduct charges

  3. Leading evidence

  4. Cross-examination

 

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Guidance and practical pointers for chairpersons of disciplinary hearings. Evaluating evidence, making a finding and how to decide on an appropriate sanction.

Duration - 3-4 hours

 

Online, interactive webinar. 

Chairing disciplinary hearings can be daunting for managers and labour relations practitioners. Understand what to look for when evaluating contradicting evidence and how to practically reach a justifiable finding and sanction in proceedings of this nature.

  1. Fairness requirements - Schedule 8 of the Labour Relations Act

  2. The onus of proof and evaluating evidence

  3. Making a finding

  4. Sanction selection