Are you tired of running disciplinary hearings like criminal trials? Are you wasting valuable time in disciplinary hearings?
We can show you a quick and simple way to listen to what employees have to say in response to alleged misconduct or incapability. Fair and proper disciplinary procedures avoid disputes and eliminate proceedings in the CCMA or bargaining council.
- Reduce your workload by being smarter
- Do not let procedures drain your energy
- Save time and money by preventing disputes and avoiding the CCMA and courts
- Further your career by being up-to-date with the latest labour law developments
- Conduct disciplinary hearings yourself and without lawyers
Employment law and industrial relations have developed rapidly since the publication of the Wiehahn Report in 1979. The paradigm shift came when Parliament introduced the concept of ‘fairness’ through legislation and created labour courts with exclusive jurisdiction. Before then only the concept wrongfulness or lawfulness was known to the common law and the civil courts. Although the concept was only codified in 1996 it had already revolutionised the law relating to the World of Work. Individual and collective disputes have to be resolved, including those relating to ‘rights’ and ‘interests’. Employees cannot be unfairly dismissed and they have the right to be protected whilst on strike. But management also has the protected right to lock employees out to force them to accept their demands.
Given this challenging environment the CCMA, bargaining councils, labour courts, the Supreme Court of Appeal and the Constitutional Court have had to deal with many novel issues affecting managers in the workplace. But the good news is that in most respects the framework created by the statutes and the decisions of the courts have benefitted managers and employers. Not only do they now know where they stand but also what needs to be done to ensure an efficient and competitive enterprise. So our purpose is to ensure that managers have a clear and proper understanding of their rights and responsibilities. They will also have the confidence to enforce reasonable and sensible standards. There is no point in wasting money on fighting cases in the CCMA, or heaven forbid the labour courts.
An expert with many years of practical experience offers you knowledge, understanding and the ability to apply it via presentations, seminars, workshops, or executive briefings. We also offer an eCourse on request.
- Know how to interpret the labour statutes, cases and the common law relating to recruitment, managing personnel and enforcing standards of equity, behaviour and performance.
- Understand your legal rights and responsibilities when managing all aspects of personnel relations.
- Apply your knowledge and understanding in managing personnel to ensure an efficient, competitive and productive enterprise by enforcing fair standards.
What do we cover regarding disciplinary hearings?
- Bill of Rights in the Constitution, common law and statutory provisions relating to the entire World of Work.
- Relevant case law derived from the highest courts.
- Overlapping labour statutes.
- Creation of simple enterprise frameworks and reporting structures.
- Elimination and prevention of all forms of discrimination.
- Elimination of execution gaps and introduction of risk management.
- Employment contracts, practices and policies.
- Protection of confidential information.
- Restraint of trade agreements.
We will provide attendees with:
- a link to an electronic copy of the presentation;
- a Disciplinary Code of Conduct for Employees
- a Disciplinary Procedure
- a Disciplinary Investigation Template that provides a record & outcome
- action items so that the session translates into practical action; and
- an audio recording of the event (private sessions only).
In short, everything you need to run better disciplinary hearings.
Who should attend and why?
- Personnel and human resource managers to empower you to manage staff relations in the best interests of stakeholders.
- Employers (both public and private) to ensure you appreciate your rights and responsibilities.
- CCMA commissioners to understand the important role of managers.
- Students to know about future job opportunities. We offer a 10% discount to students.
Please note that the content of this particular workshop has not been created for attorneys and is not suitable for them. We may offer sessions specifically for attorneys at a later time.
Public seminars on disciplinary hearings
We are not running public seminars currently.
We can host private half day workshops at your premises for an unlimited number of delegates.
If you are interested, please complete the form on the right or enquire now. We will contact you to find out more about your requirements and give you a quote.
Feedback from delegates
“Had a great session – very interesting scenarios and ideas. The content was valuable.”
Who is the presenter?
Graham Giles is a consulting attorney and notary at Michalsons. He is the best person to present the courses and is one of the most experienced and knowledgeable labour lawyers in South Africa. His aim is to prevent disputes from arising in the workplace. He can help you enormously by sharing his experience and knowledge. He is an experienced and interesting speaker who has specialised in labour law and industrial relations since 1981. Before that he practised as an attorney in Johannesburg for 10 years and then as an advocate in KwaZulu-Natal for five years.