LLA 1220 Chairing a disciplinary hearing- law, skills and practice

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About Course

LLA 1220 Chairing a disciplinary hearing- law, skills and practice

This course will enable any person who is tasked with chairing a hearing to do so professionally, quickly and above all fairly. The course covers everything a chairperson needs to know and explains how to chair a hearing in a logical, step-by-step process with practical examples. The comprehensive nature of the course will give chairpersons confidence, as well as the skills to apply the knowledge gained.

The course also assists a chairperson to draft their finding- the report on what took place in the hearing as well as the explanation for the conclusions the chairperson comes to.

A quiz will assist you to check your understanding of the content of the modules

The course can be completed in one day, or in 8 hours. Alternatively, you can do the course over a period of time- whatever suits you!

The course exceeds the requirements of the applicable unit standard. The Labour Law Academy is presently awaiting registration with the Services SETA.

This course is a requirement for any person who wishes to become a member of the Academy, and practice as a Labour Law Practitioner.

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What Will You Learn?

  • On completion of this course a student:
  •  Appreciate the role, purpose and function of a chairperson
  •  Understand the steps of a hearing and direct parties accordingly
  •  Be able to start a hearing with confidence and in terms of best practice
  •  Know how to check for procedural fairness prior to the hearing and why this must be done
  •  Identify the approaches to the conduct of a hearing and when each, or a blend of each, is appropriate
  •  Apply best practice to the production and control of documentary evidence
  •  Be able to extract the elements of misconduct from the allegations and advise the parties
  •  Apply the elements of a range of forms of serious misconduct, and the elements of poor performance and ill health disputes to a set of facts
  •  Identify the elements of substantive fairness and evidence which goes to each element
  •  Understand the law pertaining to the evidence of witnesses and apply this in a hearing
  •  Identify different types of evidence and apply the rules of each in the context of a hearing
  •  Assess evidence presented by the parties according to a particular process and give reasons for coming to findings
  •  Consider and assess evidence pertaining to the appropriate sanction and apply this to a set of fact with reasons
  •  Draft a finding according to best practice
  •  Know the different applications which could be brought, the process by which applications are brought and the elements of each.

Course Content

Module 1: Introduction
This module introduces the course by providing an overview, listing the outcomes, explaining the methodology, the role and purpose of the workbook slides and quizzes.

  • 1.1 Download the workbook
  • 1.2 Introduction to this course
  • 1.3 Help- I have never done an on line course before

Module 2: The role, purpose and function of a chairperson
Understanding the role of a chairperson of a disciplinary hearing is vital if a chairperson is to act fairly. Likewise knowing your purpose and function- the limitations and the expanse, is key to conducting yourself in a professional manner.

Module 3: The steps of hearing
This module gives you the general framework of a hearing. The aim is to help chairpersons direct the process of a hearing. You will know what step follows after the previous one.

Module 4: The introduction to a hearing

Module 5: Checking for procedural fairness
This module explains that a chairperson should ensure that the procedures which the employer party was required to follow before the hearing, have in fact been done. It also deals with other problems which may arise at the beginning of a hearing.

Module 6: Determining the process of a hearing
A hearing can take be conducted in a number of ways: it could be formal or informal. Or it could be managed by you following an inquisitorial approach or an adversarial approach. This module explains these ideas.

Module 7: Documentary evidence
What happens when documents are used as part of the evidence in a hearing? This module shows you how to deal with this issue and provides a guide to best practice.

Module 8: The allegations
As chairperson you need to understand and unpack each allegation brought against an 'accused' employee. This module shows you how to do this and how to prepare both yourself and the parties for the evidence they need to present regarding each allegation.

Module 9: The elements of misconduct and incapacity
This module gives you access to key information: the elements of a range of common forms of misconduct and incapacity. These are the reference points from which you can conduct any hearing on any allegation.

Module 10: The elements of substantive fairness
This module brings to your attention an often ignored part of a hearing- that a hearing should also include investigating the substantive fairness of allegations of misconduct.

Module 11:The evidence of witnesses
Parties are required to call witnesses to give evidence in a hearing. This module gives you the tools to understand different types of evidence and the rule that all evidence must be both admissible and relevant.

Module 12: Assessing evidence of misconduct
Once evidence has been presented during the hearing you must now assess the evidence in preparation for writing up your finding. This module explains the law and best practice as to how this is done.

Module 13: The appropriate sanction
Once you have decided if the 'accused' employee has committed the misconduct, you must now decide what sanction is appropriate.

Module 14: The Finding
It is vital that you state your finding- the conclusion- you have come to derived from what you have written in you finding before this.

Module 15: The employee’s rights and signature
Part of your duty as a chair is to 'own' your finding. You do this by putting your decision and reasons in writing and then signing it. Employees who have been dismissed still have rights and your obligation is to inform the employee of those rights.

Module 16: Applications
Part of the process of a hearing is that parties may bring a number of applications before and during the hearing. This module explains those applications and how you should deal with them.