Description

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.

WHO SHOULD DO THIS COURSE?

This course has been developed for any person who represents either an employer or employee in a disciplinary hearing. This includes:

• Human resource officials and managers
• Labour relations officials and managers
• Shop stewards and union officials
• Consultants and para-legal officers

The course will also assist anyone who is looking to acquire practical knowledge and skills to be able to work in the labour relations field.

WHAT YOU WILL LEARN- course content

Module 1: Introduction

The course begins with an orientation process in which the learning process is explained and your course leader is introduced. Students are shown how to progress from module to module, how to use the workbook and complete a quiz.

Module 2: Preparation

This module explains how representatives should

• Investigate a workplace incident
• Interview a witness
• Gather evidence
• Suspend an employee prior to a hearing fairly.

Module 3: Procedural fairness

In this module students will examine procedural fairness prior to a hearing by

• The discussing the requirements of procedural fairness as provided for in the Code of Good Practice: Dismissals
• Procedural fairness arising from collective agreements.

Module 4: The notice to attend a hearing

The requirements of procedural fairness are discussed, in particular

• That the accused employee must be notified of the allegations
• How the notice should be drafted and why
• The form and language of the notice
• The role and function the notice plays in the hearing

Module 5: The allegation

The law and best practice regarding the allegation against an employee is explained with examples, and the skill of drafting an allegation is practiced in the light of the law of evidence. Issues such as

• Alternative allegations
• Amending and changing the charges
• Splitting the charges
• Double jeopardy
• Challenging the fairness of allegations

are then discussed with examples.

Module 6: The question of time

Two aspects of a fair hearing are investigated namely

• An employee is entitled to a reasonable time to prepare for the hearing, and
• The hearing must take place within a reasonable time

Module 7: Representation

This module discusses

• Sources of the right to be represented in a hearing
• The employee must be informed of his right to be represented in a hearing
• The rights and responsibilities of a representative in a hearing
• Legal representation.

Module 8: The discipline of shop stewards

This module explains

• Procedures where a shop steward is the subject of a hearing
• Applicable case law
• How to follow this procedural step

Module 9: The elements of forms of allegations of misconduct

In this module the use and meaning of ‘elements’ is examined, and the elements of various common types of misconduct are discussed.

Module 10: Item 7 of the Code of Good Practice: Dismissals

Each element of substantive fairness as provided for in the Code of Good Practice: Dismissals is discussed as well as the need to present evidence on each in a hearing.

Module 11: Poor performance and probation dismissal

The elements of these grounds of dismissal are discussed with emphasis on the role of the  representative.

Module 12: Ill health and injury

In this module the elements of dismissal on the ground of ill health or injury is discussed as well as the role of a representative in these matters.

Module 13: the steps of a hearing

This module presents students with a comparison between the criminal law and the best practice model of a hearing, and then explains each step and the role of a representative.

Module 14: The law of evidence

This module explains the law of evidence with regard to

• The evidence of witnesses
• How to start a hearing
• Leading a witness, and traps to avoid
• Prepare for and undertake cross examination in an effective manner
• Putting your case to a witness
• Checking for collaboration, collusion or coaching
• Re-examining a witness

Module 15: Applications

In this module the general rules that all to applications are explained with examples, and then a number of applications and their legal principles are presented.

Module 16: Conclusion

The course concludes with a summative assessment of the knowledge and skills gained.

OUTCOMES

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