This 2-day Effective Disciplinary Course on Chairing Enquiries & Appeals is intended for line managers who chair disciplinary enquiries within organisations. It will give delegates a comprehensive portfolio of skills that will enable them to chair internal disciplinary enquiries (DEs). Within a workplace context, delegates will become subject matter experts on the chairing of DEs. More than this, the course will provide delegates with a thorough understanding of the law and practice of dismissal.
COMPETENCIES COVERED
Delivers through people-influencing skills- persuades directly- tries to persuade through logical argument in discussion and listens and interacts with others in an effective tactful way.
Delivers through people-influencing skills- uses multiple actions to persuade-think through all aspects of a presentation and how the different audience will receive it and thinks of alternate solutions which will be more likely to appeal to the audience
Achieves through integrity, teamwork and learning-self confident integrity- acts independently according to personal judgement or belief in presenting own work confidently.
Achieves through integrity, teamwork and learning-self confident integrity-strong self belief in that maintains a strong self belief even when others disagree, has courage to stand up for his or her convictions and speaks up confidently when in disagreement with others.
Possesses the intellectual power to determine direction-concern for rigour and order-attention to order and detail- follows procedures and protocol accurately, rigorously checks accuracy and keeps detailed and accurate records/ minutes of meetings.
PROFESSIONAL SKILLS COVERED
Employee relations- develop employment policies – in understanding the business context and desired employee relations and ensuring the execution of policies and practices are consistent with legislation (BCEA) and advise employees on implications of employment legislation
Employee relations-Human resources legislation-keep abreast of changes and updates to key legislation
Employee relations-manage conflict-facilitating the appropriate ER climate, advise line managers on the handling of breaches of discipline and ensuring consistency in the application of rules.
Employee relations-provide employee assistance – by providing individual advice/counselling
CONTENT / OUTCOMES
KNOW
What discipline is
The various approaches to handling discipline
The company policy and procedures on discipline
The code of good practice on dismissals
What substantive and procedural fairness is
The roles of the participants in a DE
The different values of evidence
The generally accepted principles on discipline
The process of a disciplinary enquiry
The rights of the company and the employees in regard to discipline
The rules of chairing DE
DO
Chair a disciplinary enquiries
Evaluate evidence
Write case minutes
Make sound judgements
Advise on disciplinary matters
FEEL
Confident in chairing DEs in a legally compliant manner.
The course will include case studies, role-plays and practical tasks for the portfolio of skills required to chair disciplinary enquiries.
PRE-WORK
Reading the Code of Good Practice on Dismissal
Selected articles on chairing DE
Company policy and procedures
COMPREHENSIVE PROGRAMME
The CDEs programme is run over 2 days and is broken up into various sessions, which will each assist in the development of the delegate’s skills, knowledge and competence in chairing disciplinary enquiries. Specifically the programme will provide the following skills:
Session 1: Introduction and Ice-Breaker
This will entail an introduction to the principles of Disciplinary Enquiries (DEs) via the use of a role play exercise. It makes use of humour to address the mistakes we all make in DEs. It also provides a useful icebreaker to put delegates at ease. The learning objectives are:
Understanding what Discipline is
Session 2: Understanding the basics
Being able to chair DEs requires an understanding of certain legal basics. These principles come from a combination of internal company documents e.g. Policy and Procedure and Recognition Agreements, as well as external documents e.g. Labour Relations Act 1995, Code of Good Practice on Dismissals. This session will provide delegates with a foundation from which to build DE expertise. The learning objectives are:
Understanding company Policy and Procedures on discipline
Knowing your Recognition Agreement
Understanding key chapters of the Labour Relations Act – 1995
What is substantive and procedural fairness
What is the Commission for Conciliation, Mediation and Arbitration (CCMA)
Learning Activity 1: Case Study to test substantive and procedural fairness understanding
Session 3: All about Disciplinary Enquiries
In this session the focus is on the practicalities of Disciplinary Enquiries. In particular the process/stages and the roles of the participants are dealt with. The learning objectives are:
Steps in a Disciplinary Enquiry
Understanding the basic process/stages of DEs
Understanding how an effective hearing official handles the process
Understanding the various roles of participants in the DE
Understanding the different objectives of the role players
Session 4: Understanding the law of evidence
The most important skill in Disciplinary Enquiries is understanding the different weights that various kinds of evidence have. The majority of cases are won or lost on the standards of evidence presented and, therefore, the skill of understanding the value of evidence is critical. The learning objectives for this session are:
Understanding different values of evidence
How to distinguish between good and bad evidence
Session 5: Chairing at Disciplinary Enquiries
This session deals with the main skills of chairing Disciplinary Enquiries. In this session skills will be provided to enable delegates to structure their enquiries into main points of argument presented by each side and to actively seek evidence and credible argument for these. The learning objective’s are:
Tools to know what you have to listen for
Presenting your opening introduction
How to assess evidence and argument
How to question the witnesses
How to identify good evidence
Learning Activity 2: Practical role play to practice chairing DEs
Session 6: Punishment to fit the crime
This session looks at the censure and provides delegates with a feel for how serious various offences are. The objectives are:
Understanding the seriousness of various offences
Understanding the concept of progressive corrective discipline
Knowing how to write summaries , outcomes and censures
Session 7: Assessment and Q & A
COURSE DETAILS
Duration: 2 Days
Intended For: Managers & Supervisors
Course Size: Min. 4 pax; Max, 10 pax
Prerequisites: None
Lecturer: Darren Coetsee
Location: On-Site
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