LLA 1250 Representing a party in a disciplinary hearing- law, skills and practice

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About Course

LLA 1250 Representing a party in a disciplinary hearing- law, skills and practice

This comprehensive on-line course provides managers, shop stewards and union officials, with knowledge and skills to be able to represent a party in a disciplinary hearing. The course is delivered in a practical way which will empower any person whose work is in the fields of human resources, labour relations, or labour law.

This on-line course uses videos and other media including workbooks to assist students to understand and apply the material covered.

The course is delivered using plain English in short modules which can be completed at a pace which suits each student’s own abilities and time constraints.

On completion of each module a student can undertake a quiz which will reinforce understanding and assess the student’s ability to apply the knowledge, thereby building the required skills.

A student’s performance can be tracked, and the results measured thereby providing a record of progress both during and on completion of the course.

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What Will You Learn?

  • This course is intended to assist any person who represents either an employer or employee in disciplinary hearings. It will also assist any person who conducts their own case.
  • On completion of this course you will be able to:
  • • Know how to prepare for a disciplinary hearing
  • • Interview witnesses in preparation of a hearing.
  • • Apply the principles of procedural fairness in the context of a hearing
  • • Draft a notice to attend a hearing
  • • Explain the requirements of a notice to attend a hearing
  • • Draft an allegation according to best practice
  • • Understand the obligations of the employer representative and the employee rep in a hearing
  • • Apply the principles pertaining to representation in a hearing
  • • Explain and apply the law as it pertains to the discipline of shop stewards
  • • Know the elements of most forms of misconduct
  • • Apply substantive fairness is a hearing
  • • Explain the steps of a hearing
  • • Make an application
  • • Understand and apply the principles of the law of evidence in the context of a hearing

Course Content

1250 Module 1: Introduction
This module introduces the course, explains the learning process and the benefits of doing this course

  • 1250 Module 1: Introduction

1250 Module 2: Preparation
In order to represent a party in a disciplinary hearing you must prepare for what you are going to do. This module shows you how to do so.

1250 Module 3: Procedural fairness
A key part of any disciplinary hearing are the procedures which need to take place before a hearing can take place. This module discusses these and shows how to both follow those procedures and how to challenge them if not done, or not done fairly.

1250 Module 4: The notice to attend a hearing
Prior to a hearing taking place, the employer is required to inform the 'accused' employee of the nature of the allegations. This module explains how this is done, the pitfalls to avoid and how to challenge any procedural defect which may have taken place.

1250 Module 5: The allegation
The allegation/s against an 'accused' employee form the fundamental reason why a hearing takes place. This module shows you how to determine the appropriate allegation based on the incident/s which gave rise to the hearing, how to draft the allegation/s, and why they should be drafted in the recommended way.

1250 Module 6: The question of time
In order for a hearing to be fair there are obligations on the employer regarding time: time to prepare, and conducting the hearing within a reasonable time of the incident/s taking place.

1250 Module 7 Representation
An 'accused' employee has the right to be represented in a disciplinary hearing. This module explains both the sources of that right, and how this right is put into practice- as well as the limitations of that right.

1250 Module 8: The discipline of shop stewards
The discipline of shop stewards by her employer is always a contentious issue. This module explains the procedures required to be followed when doing so, and the implications of failing to do so.

1250 Module 9: Substantive fairness: The elements of forms of misconduct.
This module explains what an 'element' is and how to work them out so that if you represent an employer you know what case you have to present, and if you represent an employee you know what the appropriate and valid defences are to the allegation/s.

1250 Module 10: Substantive fairness- the elements of misconduct in terms of item 7 of the Code of Good Practice: Dismissals
This module explains an aspect of a fair disciplinary hearing that is generally ignored: the elements of misconduct in terms of the Code of Good Practice: Dismissals. The discussion concerns both what these are and how to use these as possible defences to an allegation of misconduct.

1250 Module 11: Substantive fairness: poor performance and probation
The Code of Good Practice: Dismissals provides Practitioners with guidance when it comes to allegations of poor performance during employment and the period of probation. This module explains these and shows how to apply them in a hearing.

1250 Module 12: Substantive fairness: the elements of an investigation into ill health or injury
This module sets out the elements of a dismissal on the ground of ill health or injury of an employee.

1250 Module 13: The steps of a hearing
This module will assist you to understand how the process of a hearing should unfold. We look as two 'models' of a hearing and explain best practice in this regard.

1250 Module 14: The law of evidence
In order for a representative to be effective an understanding of the law of evidence is key. This module provides insight into the law of evidence in the context of a hearing.

1250 Module 15: Applications
The final module explains the role of applications in a hearing, and how and when to bring various applications. We also explain how to oppose an application brought by the other party.