Disciplinary Skills Workshop

Delegates will understand the role of discipline in the workplace; represent an employer or an employee at disciplinary enquiries; and be able to chair an enquiry.

  1. Introduction
  2. Overview
    • What is the purpose of discipline?
    • Disciplinary codes and procedures
  3. Fair reason
    • Sources of standards
    • The Labour Relations Act
    • Misconduct guidelines
    • Types of misconduct
    • Appropriate sanction
    • The criminal law
  4. Fair procedure
    • Fair procedure and fair reason
    • Progressive discipline
    • Informal advice and correction
    • Disciplinary counselling
    • Warnings
    • The procedure for formal disciplinary enquiries
    • Processing dismissal disputes
    • Pre-dismissal arbitration
    • Investigation
    • Suspension
    • Appointment of representatives
    • Appointment of an impartial chairperson
    • Notice of enquiry
    • Right of the accused to be present at the enquiry
  5. The law of evidence
    • What can be accepted as evidence?
    • What makes you believe that a person is or is not telling the truth?
    • The onus
    • Evidence - overview
  6. Preparing for a disciplinary enquiry
    • Steps in the preparation of a case
    • Techniques in taking statements
    • Documents
    • Strategising your case
    • Drafting charges
  7. At the enquiry
    • Overview of the process
    • The role of the Chairperson
    • Problems before the enquiry starts
    • Opening statements
    • Leading witnesses
    • Cross-examining witnesses
    • Closing statements
    • Making a finding on guilt
  8. Roleplay
  9. Award writing
    • Structure of an award
    • Weighing of evidence
    • Award writing
We have a panel of carefully selected trainers all of whom are legally qualified, have many years of experience as trainers and are often arbitrators/and or commissioners of the CCMA. Their extensive experience enables them to respond to ad hoc queries from delegates in a practical and empowering manner and is one of the factors which set us apart from the competition. Regular presenters include:

Heinrich Bohmke has been a senior trainer and course developer for CBA training for the past 10 years. Prior to this he lectured at Vista University and worked in a distinguished labour law firm for five years.   He was also the legal training officer of a major trade union, conducting litigation and providing strategic advice in a number of significant matters.

Joanne Philip is an admitted attorney who has been practicing as a specialist in the field of labour law since July 2003. She runs her own HR consulting business and has been training for CBA since 2005 with key focus in the private and public sector.

Adv James Matshekga is an admitted advocate of the Transvaal division of the High Court and is currently a senior lecturer at the University of Johannesburg where he is primarily responsible for teaching Labour Law. James is also an accredited trainer and facilitator of the Law Society of South Africa. He is currently a part-time commissioner at the CCMA and a panelist at various bargaining councils in both the private and public sector. James has been training for CBA since 2009.

Dates and venues
Durban, 29-30 March 2012, Suncoast Casino
Cape Town, 29-30 March 2012, Capetonian Hotel
Johannesburg, 12-13 April 2012, Genesis Suites & Conferencing


Fees
One delegate: R4 110.00 + VAT = R4 685.40
Three or more delegates: R3 736.37 + VAT = R4 259.46 per delegate