Chairing Disciplinary Hearings

In this session, we will explore the legal landscape regulating the disciplinary process, focusing on procedural and substantive fairness requirements. This training aims to ensure that chairpersons understand the guiding legal principles of the two-stage process and how to deliver fair and objective outcomes on guilt and sanction.

We will highlight best practices and provide practical tips to help you navigate the complexities of your role. By the end of our time together, you will have a comprehensive understanding of how to fulfill your duties as a chairperson, ensuring that disciplinary hearings are conducted with fairness and professionalism.

• Understanding the Legal Landscape and sources of Labour Legislation including:

• Categories of Dismissals and the Applicable Statutory Procedures

• Distinguishing Misconduct from Incapacity

• Substantive and Procedural Fairness

• The Chairperson’s Role and Responsibilities

• Role of Other Parties in the Process

• Inquisitorial versus Adversarial approach

• Addressing Pre-liminary Issues

• Stage 1 of the Disciplinary Process – Evaluation of Evidence and Determination of Guilt

• Stage 2 of the Disciplinary Process – Mitigation and Aggravation and Determining the Appropriate Sanction

• Stages of Witness Questioning and the Applicable Rules

• Unpacking Common Forms of Misconduct

• How to Assess and Evaluate Charges

• Burden of Proof

• Types of Evidence

• How to Resolve Disputes of Fact

• Factors to Considering when Determining Appropriate Sanction

• How to Draft Outcomes

• Record Keeping

All workshops are offered as customised in-house training that can be presented virtually or on-site.

*All courses and conferences are subject to minimum delegate numbers.

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