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.
An overview of the Code and the employer's legal obligations, and practical steps for determining risks and implementing an action plan.
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Introduction - The Code of Good Practice; legal framework; its objectives and application in the workplace.
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Substantive issues
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General - definitions and examples
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Sexual harassment
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Racial, ethnical or social origin harassment
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Procedural issues
- Guiding principles from the Code
- Risk assessment and developing an Action Plan
- Implementation of the Plan - measures, policies, procedures, assistance
- Staff awareness, legal rights and remedies
A contextual overview of the application of labour law principles and various other laws in the employment environment.
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The big picture - Understanding the interplay between various workplace-related laws and legal risk management
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Terms and Conditions of Employment
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The employment contract - terminology, types of contracts
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Working hours, notice requirements, leave, etc.
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Employment Relations
- The principles of fairness
- Different dismissal grounds
- Misconduct - managing workplace discipline
- Incapacity processes
- Operational requirements / restructuring
- Termination of employment - resignation, retirement, notice requirements, separation agreements
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External dispute resolution - main CCMA / Bargaining Council processes
Workplace discipline and disciplinary hearings - for managers, HR, initiators and chairpersons.
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Conflict management and dismissal grounds.
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Managing discipline - fairness principles and Schedule 8 of the Labour Relations Act.
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Basic rules of evidence and the onus of proof
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Investigating and preparation:
- Investigating alleged misconduct
- Formulating charges
- Pre-hearing procedures
- Case preparation - witnesses, documents
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The disciplinary hearing:
- Procedural aspects
- Presenting evidence; cross-examination
- Evaluating evidence and making a finding
- Sanction selection
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Specific types of offences - e.g. alcohol, absenteeism, off-duty misconduct, workplace harassment
The 2-day option is presented on an In-house basis only (groups of between 8 and 12 per session), and includes practical exercises / assessments and discussions after each module. There is also a mock-hearing (role play) on the second day, with the two teams doing their preparation in separate break-away rooms. A full debriefing on lessons learnt is done before closing the workshop. Contact us for further information and costs.
Determining the reason and instituting the right process if an employee is not delivering. For managers and HR.
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Distinguishing misconduct from incapacity.
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The investigation, reasons for under-performance and Schedule 8 of the Labour Relations Act.
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Various incapacity grounds and the basic process explained
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Incapacity poor performance, probation and incompatibility:
- Procedural fairness and record keeping
- Substantive fairness
- Reasonable accommodation and alternatives
- Dismissal (or not)
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Incapacity ill health / injury:
- Procedural fairness and record keeping
- Substantive fairness and medical reports
- Reasonable accommodation and alternatives
- Dismissal / disability
- Operational incapacity
Practical examples and tools such as flow diagrams. Watch this short video clip for some more context.
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.
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Fairness requirements - Schedule 8 of the Labour Relations Act
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Formulating misconduct charges
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Leading evidence
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Cross-examination
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.
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Fairness requirements - Schedule 8 of the Labour Relations Act
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The onus of proof and evaluating evidence
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Making a finding
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Sanction selection