Course Notes _ Disciplinary Hearing Fairness Masterclass (Procedural Fairness, Investigations and Legal Compliance)
- Introduction to Procedural Fairness
- What is procedural fairness?
- Difference between:
- Procedural fairness
- Substantive fairness
- Why disciplinary fairness matters.
- Common reasons employers lose disciplinary disputes.
- Workplace Investigations
- Purpose of an investigation.
- Gathering facts and evidence.
- Interviewing witnesses effectively.
- Managing documentary and electronic evidence.
- Confidentiality and consistency considerations.
- Common investigation mistakes.
- Preparing for a Disciplinary Hearing
- Drafting allegations correctly.
- Notice requirements.
- Employee rights during disciplinary proceedings.
- Selecting chairpersons and initiators.
- Preparing witnesses and evidence bundles.
- Suspension considerations.
- Conducting a Fair Disciplinary Hearing
- The role of the chairperson.
- Managing the hearing process fairly.
- Leading evidence and witness testimony.
- Cross-examination principles.
- Handling procedural challenges and postponements.
- Record keeping and minutes.
- Finding, Sanction and Outcome
- Assessing evidence objectively.
- Aggravating and mitigating factors.
- Consistency in disciplinary action.
- Determining appropriate sanctions.
- Communicating outcomes correctly.
- Common Procedural Pitfalls
- Bias and predetermined outcomes.
- Insufficient preparation.
- Failure to allow representation.
- Poorly drafted charges.
- Inadequate investigations.
- Procedural irregularities at arbitration.
- CCMA and Labour Court Principles
- Key legal principles relating to fairness.
- Lessons from precedent case law.
- How Commissioners assess procedural fairness.
- Practical strategies to improve defensibility.
- Live Q&A Session