Services Wholesale and Retail

Conduct a Disciplinary Hearing in the Workplace Training

SAQA US 255514 | NQF 5 | Credits 15 | Duration 12 Days
From $2,214 per delegate

Description

This course equips learners with the knowledge and practical skills to conduct a disciplinary hearing in compliance with South African labour legislation and the Code of Good Practice. Participants will learn to manage the entire disciplinary process from preparation to chairing the hearing, ensuring procedural fairness and legally sound outcomes.

Learning Outcomes

  • Prepare for a disciplinary hearing by gathering evidence, notifying parties, and arranging logistics.
  • Apply the principles of procedural and substantive fairness during the hearing process.
  • Demonstrate the ability to chair a disciplinary hearing impartially and effectively.
  • Evaluate evidence and arguments presented to reach a reasoned decision.
  • Implement appropriate sanctions or corrective measures in line with company policy and legislation.

Target Audience

This course is designed for managers, supervisors, HR practitioners, and employee relations officers who are responsible for conducting or overseeing disciplinary hearings in the workplace.

Prerequisites

None — open enrollment

Course Outline

Day 1: Introduction to Disciplinary Hearings and Legal Framework

Objectives:
• Understand the purpose and legal basis of disciplinary hearings
• Identify key legislation governing disciplinary processes in South Africa
• Differentiate between misconduct, incapacity, and poor performance
• Recognise the role of the chairperson, employer, and employee
• Outline the principles of natural justice and procedural fairness

Topics:
• Overview of disciplinary hearings in the workplace
• Relevant legislation: Labour Relations Act, Code of Good Practice
• Distinction between misconduct, incapacity, and poor performance
• Principles of natural justice (audi alteram partem, nemo iudex in causa sua)
• Roles and responsibilities of parties involved
• Importance of a fair procedure

Day 2: Pre-Hearing Procedures and Case Preparation

Objectives:
• Explain the steps prior to a disciplinary hearing
• Draft a notice of disciplinary hearing
• Prepare evidence and witness lists
• Understand the rights of the employee during preparation
• Identify common pitfalls in pre-hearing processes

Topics:
• Investigation of alleged misconduct
• Suspension: when and how
• Notice of hearing: content and delivery
• Gathering and preserving evidence
• Witness preparation and management
• Employee's right to representation and preparation time

Day 3: The Role of the Chairperson and Hearing Procedures

Objectives:
• Describe the duties and powers of the chairperson
• Outline the sequence of events in a hearing
• Manage the hearing process effectively
• Ensure procedural fairness throughout
• Handle disruptions and adjournments

Topics:
• Chairperson's role: impartiality and control
• Opening statements and charges
• Presentation of employer's case
• Employee's defence and cross-examination
• Rules of evidence and burden of proof
• Managing disruptions and adjournments

Day 4: Evidence, Witnesses, and Cross-Examination

Objectives:
• Understand types of evidence and their admissibility
• Conduct effective examination-in-chief and cross-examination
• Assess witness credibility
• Handle documentary and real evidence
• Apply the balance of probabilities standard

Topics:
• Types of evidence: oral, documentary, real
• Admissibility and relevance
• Examination-in-chief techniques
• Cross-examination techniques
• Re-examination and closing arguments
• Assessing credibility and weight of evidence

Day 5: Making Findings and Determining Sanctions

Objectives:
• Analyse evidence to determine guilt or innocence
• Apply the test of balance of probabilities
• Consider mitigating and aggravating factors
• Select appropriate sanctions within disciplinary code
• Draft clear findings and reasons

Topics:
• Deliberation and decision-making process
• Balance of probabilities standard
• Mitigating and aggravating factors
• Range of sanctions: verbal warning to dismissal
• Consistency and progressive discipline
• Writing findings and reasons

Day 6: Recording and Reporting Outcomes

Objectives:
• Document hearing proceedings accurately
• Prepare a written outcome letter
• Maintain confidentiality and records
• Communicate outcome to parties
• Understand appeal and review processes

Topics:
• Minutes of the hearing
• Outcome letter: content and delivery
• Record-keeping requirements
• Confidentiality obligations
• Right to appeal and internal review
• Referral to CCMA or bargaining council

Day 7: Dismissal and Unfair Dismissal Disputes

Objectives:
• Define substantive and procedural fairness in dismissal
• Understand automatic unfair dismissals
• Identify grounds for dismissal: misconduct, incapacity, operational requirements
• Explain remedies for unfair dismissal
• Prepare for CCMA or Labour Court proceedings

Topics:
• Substantive fairness: valid reason
• Procedural fairness: correct process
• Automatic unfair dismissals
• Operational requirements dismissals
• Remedies: reinstatement, compensation, re-employment
• CCMA jurisdiction and processes

Day 8: Incapacity and Poor Performance Hearings

Objectives:
• Distinguish incapacity hearings from misconduct hearings
• Apply the procedure for incapacity due to ill health or injury
• Handle poor performance hearings
• Understand the role of medical evidence
• Ensure fairness in incapacity dismissals

Topics:
• Incapacity: ill health, injury, poor performance
• Employer's duty to accommodate
• Procedure for incapacity hearings
• Medical evidence and assessments
• Poor performance: counselling, training, and PIP
• Dismissal for incapacity

Day 9: Appeals, Reviews, and Post-Hearing Matters

Objectives:
• Explain the internal appeal process
• Understand the grounds for review by the Labour Court
• Manage post-hearing actions
• Address reinstatement or re-employment orders
• Handle non-compliance with sanctions

Topics:
• Internal appeal: process and grounds
• Labour Court review: grounds and procedure
• Implementation of sanctions
• Reinstatement and re-employment
• Managing post-hearing disputes
• Lessons learned and policy improvements

Day 10: Practical Application - Mock Hearings

Objectives:
• Apply knowledge in simulated disciplinary hearings
• Practice chairing, presenting, and defending
• Demonstrate procedural fairness
• Receive feedback on performance
• Identify areas for improvement

Topics:
• Role-play scenarios: misconduct, incapacity, poor performance
• Participants act as chairperson, employer rep, employee rep
• Conduct hearing from opening to outcome
• Peer and facilitator feedback
• Debrief and reflection

Day 11: Complex Cases and Ethical Considerations

Objectives:
• Handle complex cases with multiple charges or parties
• Address ethical dilemmas in disciplinary hearings
• Manage conflicts of interest
• Ensure confidentiality and impartiality
• Apply principles of fairness in challenging circumstances

Topics:
• Complex cases: multiple charges, joint hearings
• Ethical dilemmas: bias, pressure, confidentiality
• Conflicts of interest and recusal
• Managing sensitive evidence
• Balancing employer and employee rights
• Case studies and discussion

Day 12: Integration, Assessment, and Action Planning

Objectives:
• Consolidate knowledge across all days
• Complete a summative assessment (written test and practical demonstration)
• Develop a personal action plan for application
• Reflect on learning and address gaps
• Understand ongoing professional development

Topics:
• Recap of key concepts
• Written assessment (case study analysis)
• Practical demonstration (mini hearing)
• Feedback and certification criteria
• Personal action plan
• Resources for further learning

Practicals

36 hours of practicals To be conducted online or on-campus or in-house
Overview

Practical sessions are essential to develop competence in chairing, presenting, and defending disciplinary hearings. Learners engage in role-play mock hearings, analyse case studies, and receive feedback to refine procedural and communication skills.

Practical Activities
  • Mock Hearing: Misconduct Case — Learners participate in a mock disciplinary hearing for theft, taking turns as chairperson, employer representative, and employee representative. (12h)
  • Mock Hearing: Incapacity Case — Learners conduct a mock hearing for incapacity due to ill health, focusing on medical evidence and accommodation considerations. (12h)
  • Mock Hearing: Poor Performance Case — Learners simulate a poor performance hearing, addressing performance improvement plans and dismissal considerations. (12h)

Summatives

Each delegate is assessed continuously throughout the course via daily exercises, scored practical assignments, and a final summative test at the end.

Practical Assignments — 30%

Practical assignments are observed and scored against a rubric during the practical sessions. Each delegate's practical mark is averaged into a single 100% score and contributes 30% to the final total.

Daily Exercises — 20%

Every training day ends with a multiple-choice exercise scored out of 100%. The scores from each daily exercise are averaged across the duration of the course to produce a Daily Average mark, which contributes 20% to the final total.

Final Test — 50%

On the last day a final summative test is written. It is a multiple-choice paper with multiple-answer questions: each question may have more than one correct option, and a single wrong selection on a question marks the entire question wrong — no partial credit. The final test is scored out of 100% and contributes 50% to the overall mark.

Final Total
Component Out of Weight
Practical Assignments (rubric-scored) 100% 30%
Daily Average (multiple choice) 100% 20%
Final Test (multi-answer multiple choice) 100% 50%
Final Total 100%

All marks are recorded on the AATICD LMS and visible to each learner under their account.

Certificate

Certificate of Completion

Awarded to delegates who achieve an overall mark of 50% or higher on the Final Total (Practicals 30% + Daily Average 20% + Final Test 50%).

How it works
  • Certificates are auto-generated on the AATICD LMS as soon as the marks pass the 50% threshold.
  • Each certificate is a branded PDF with the delegate's name, the course title, the unit standard ID, NQF level, credits, and the date of issue.
  • You can download or print your certificate from your LMS dashboard at any time after issue — there's no reissue fee and no expiry date.
  • If you scored under 50% you can sit the final test again at the next scheduled session at no extra cost.
Where to find it

Sign in to the LMS, open your dashboard, and your certificates appear under My Certificates. Each entry has a View / Download button and a print option.

Training Discounts

Group discounts apply automatically — the more delegates you enrol, the greater the saving. Discounts are calculated at 3% per 5 delegates, scaling up to 40% off for 100+ delegates.

Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% discount per 5 delegates, up to 40% off for 100+ delegates. Contact us for a custom group quote.

Upcoming Training Sessions
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Training Discounts
Delegates Discount
5 3% off
10 6% off
15 9% off
20 12% off
25 15% off
30 18% off
50 30% off
75 35% off
100 40% off

3% off per 5 delegates, up to 40% for 100+

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