+27 10 612 0679 info@tlo.co.za

1. INTRODUCTION

In the complex landscape of South African labour laws, managing disciplinary enquiries effectively is not just important—it’s essential. Missteps in the disciplinary process can lead to unnecessary legal disputes, tarnish your organisation’s reputation, and allow misconduct to go unchecked. That’s where our specialised training course comes in, designed to empower your HR professionals, senior and line managers, and legal experts with the expertise they need to navigate disciplinary procedures confidently and compliantly.

2.  PROGRAMME OVERVIEW

This 2-day practical course will equip attendees with the knowledge and skills to initiate, chair, or represent the company at disciplinary hearings. Participants will learn how to effectively handle such hearings, reach reasoned decisions based on evidence, and ensure both procedurally and substantively fair enquiries. The training covers how to investigate transgressions, examine evidence, question witnesses, and decide when to initiate a formal enquiry.

3.  WHO SHOULD ATTEND

This course is designed for HR professionals, legal experts, business owners, union representatives, public sector administrators, educational leaders, compliance officers, and consultants. It is ideal for anyone involved in the disciplinary process within an organisation and those seeking to understand and implement effective, legally compliant disciplinary processes.

4.  WHY IS THIS COURSE ESSENTIAL

  • Legal Compliance: Learn to navigate the intricacies of the CCMA processes and ensure all disciplinary actions are legally sound, reducing the risk of costly disputes.

  • Effective Misconduct Management: Acquire the skills necessary for gathering and presenting compelling evidence, conducting unbiased hearings, and making informed decisions that hold up under scrutiny.

  • Protect Organisational Integrity: Maintain a professional environment and uphold your organisation’s values by handling misconduct cases effectively.

  • Prevent Unfair Dismissal Claims: With correct procedures, reduce the incidence of wrongful dismissal claims that can be financially and reputationally damaging.

  • Boost Employee Relations: Establish a transparent and fair disciplinary process that fosters trust and respect, enhancing overall morale and reducing workplace conflicts.

  • Cost Efficiency: Avoid the high costs associated with mishandling disciplinary cases by learning to get it right the first time.

5.  PROGRAMME OBJECTIVES

  • Prepare and present a solid case for an enquiry.
  • Learn the correct preparation and presentation of your evidence.
  • Understand how to prepare and lead your witnesses effectively.
  • Learn to argue your case and be prepared to present at the CCMA, should a matter be referred.
  • Know exactly how to chair and manage disciplinary enquiries.
  • Ensure a procedurally and substantively fair enquiry.
  • Understand the admissibility of evidence and evaluate it in terms of legislation.
  • Reach reasoned decisions and consider mitigating, aggravating, and extenuating circumstances.
  • Decide on an appropriate sanction and deliver the outcome of a disciplinary enquiry.

6.  PROGRAMME OUTLINE

Module 1:  Introduction to the process of discipline

Understanding the guidelines to fair discipline
Background – duties of the employer
Background – duties of the employee
Meaning of dismissal under the Labour Relations Act
The Code of Good Practice on Dismissal

Module 2:  Categories of dismissal

Misconduct
Incapacity
Incapacity due to poor work performance
Incapacity due to ill health or injury

Module 3: How to investigate a disciplinary matter     

Principles to bear in mind
The correct process to follow

Module 4: Suspending an employee

Reasons for not automatically suspending an employee
The suspension process
Suspension checklist
Suspending with or without pay

Module 5: Preparing notices for disciplinary enquiries

Objective of a charge
Formulating the charge
Examples of charges
Representation
Is an employee compelled to attend an enquiry?
Employees right to prepare for an enquiry

Module 6: How to prepare for the enquiry

Logistics
The evidence
The witnesses

Module 7: How to present a case

Opening statements
Leading evidence
Cross examining witnesses
Closing arguments

Module 8: The role players at the enquiry

The chairperson
Formalise disciplinary procedures
The complainant
The employee
The representative
Interpreter
Witnesses
Human resources

Module 9: What constitutes substantive fairness?

Sources of rules

7. TRAINING METHODOLOGY 

This highly–interactive course is based on theory from literature and legal comment from labour subject–matter experts. The Code of Good Practice of the Labour Relations Act is unpacked and explained within the context of the course. This course is NOT a boring lecture on labour law. Real case studies – jurisprudence – are analysed and compared with theory. To make the course more interesting, enjoyable and meaningful we include practical activities such as role plays, videos and group discussions.

Empower your team with the knowledge and skills to manage disciplinary enquiries effectively, safeguarding both your employees’ rights and your organisation’s interests.

TLO is a level 2 QSE empowering supplier, 51 % black women-owned and 100% women-owned

 125% procurement recognition.