Representing a Party at an Enquiry

Overview
What is the purpose of discipline?
Disciplinary codes and procedures

Fair Procedure
Fair procedure and fair reason
Progressive discipline
Informal advice and correction
Disciplinary counseling
The procedure for disciplinary enquiries
Processing dismissal disputes
Pre-dismissal arbitration

Fair Reason
Sources of standards
The Labour Relations Act
Misconduct guidelines
Types of misconduct

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

Preparing for a Disciplinary Enquiry
Steps in the preparation of a case
Techniques in taking statements
Documents
Strategising your case

At the Enquiry
Overview of the process
The role of the chairperson
Problems before the enquiry starts
Opening statements
Questioning witnesses
Cross-examination
Closing statements
Roleplay
Making a finding : Guilt
Mitigation
Sanction

Chairing an Enquiry
Preparation
Recording
Interpretation
Introduction
Points in limine
Recusal
Opening
Narrowing the issues
Controlling the proceedings
Dealing with witnesses
Objections
Questions by chairperson
Closing argument
Weighing up the evidence
Applying the criteria of “Fair Reason”
Writing a finding on guilt
Mitigation
Finding on sanction