Conducting a Disciplinary Hearing

The how-to guide for conducting disciplinary hearings

Disciplinary hearings in the workplace are regulated by a variety of sources of law. South African labour law does not consist of one source only. It has many sources which make up the tapestry of what we refer to as labour law.

This workshop gives an easy-to-understand overview of the essential steps in preparing a disciplinary hearing and also explains the roles of the presiding officer and initiator at the disciplinary hearing.

Conduct lawful disciplinary hearings with ease

Attend this unique workshop offering and feel confident with the ins and outs of disciplinary hearings:

• When is it the right time to hold a disciplinary hearing?
• Who should be present at the hearing?
• May parties engage legal representation?
• What is meant by: 'substantively and procedurally fair'?
• Common pitfalls to avoid What are the roles and responsibilities of the parties involved?
• What is the step-for-step procedure of a disciplinary hearing?

• An introduction to labour law relating to unfair dismissal
• The fundamental requirements of procedural fairness
• The fundamental requirements of substantive fairness
• The Investigating Officer, the Presiding Officer, the Initiator and all other role players

• The step-by-step procedure to be followed at the disciplinary hearing
• Examination-in-chief, Cross-examination and re-examination
• Legal representation at hearings
• The law of evidence: Admissible and non-admissible evidence
• Findings and sanctions

Who should attend?

• Anyone who is called on to preside or initiate in a disciplinary hearing
• Line managers
• Human Resource and IR practitioners Business owners

Training approach

Our courses use interactive tools that allow learners to learn by doing.

The experience for learners is fun, rewarding, lasting and integrative, whilst employers are assured of a high return on investment in training.

Front Foot courses are compiled and presented by subject matter experts and industry specialists to ensure the highest and most current standard of excellence in all our workshops and training.

Rean Fourie is an admitted advocate who specialises in the area of Labour Law. He lectured for a number of years in both Labour and Occupational Health and Safety Law before returning to practice as a legal advisor. As a part-time CCMA commissioner he presided over numerous labour disputes. He has presented various papers on Labour Law and developed and presented training material for the Department of Labour.

At present Rean acts as a labour consultant to various private and public institutions. In this capacity he regularly assists parties in the workplace.