Disciplinary Hearings - Different types of misconduct

CPD Hours: 2

Price: R450.00

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Disciplinary Hearings - Different types of misconduct

Presenters : Andrew Goldberg

This webinar on demand is part of a series of webinars. Click here to read more

The CCMA is full of cases where employees complain of procedural or substantive unfairness. A disciplinary hearing is an informal process but sometimes it can become too informal with everyone talking, and the entire structure is destroyed; it becomes a free-for-all.

When procedural irregularities arise these divert the hearing away from the basis of the hearing which is the actual misconduct, which led to the hearing being called in the first place. To run a fair and proper hearing, you will have to know how to construct the charges and what you need to do as an employee or employer to prepare for the hearing.

In this webinar, we will deal with the different types of misconduct and the levels of proof needed to prove them. We will explain how you ensure that the process is held in a formal manner without too much input, pressure and time wastage. There is a need to stick to the facts and relevance of the actual misconduct or alleged misconduct. We advise how an employer should hold a disciplinary hearing and what pitfalls to look out for; who are the role players and what are their roles. It is essential to know how to prep your witnesses and ensure that they give the evidence needed to ensure fairness prevails.

Learning objectives

By the end of this webinar you should:

  • Understanding procedural and substantive fairness.
  • Learning how to conduct a reasonable and fair disciplinary hearing.
  • Be aware of the common pitfalls that make a hearing open to challenge at the CCMA.
  • Proper phrasing of charges and avoidance of confusion
  • Adequate preparation before the hearing. Preparation of documentation and witnesses.
  • How to frame the charges and what to do if they need to be changed?
  • Which witnesses can you call, and what testimony is allowed?
  • What amounts to evidence? How do you prepare this? We will provide a complete discussion of recent and past cases.

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