Many employers continue to apply current disciplinary policies and procedures when applying disciplinary action for misconduct offenders. Yet few are aware of the many changes to the CCMA guidelines for misconduct dismissals and the new policy applied by the CCMA Commissioners. Little or no changes have been made to company procedures and are surprised when the CCMA adopts a different attitude and a different approach to misconduct dismissals. Costly mistakes are being made by companies who continue to “run the process” as they have for the past years. Peter Dixon, a  highly experienced professional, will impart valuable and practical experience to delegates supplemented by case law, useful hand-outs, and a workbook.

DISCIPLINARY HEARINGS – MISCONDUCT OFFENCES

• Automatically suspending employees pending misconduct hearings
• Issuing progressive warnings to employees.
• The importance of investigations in misconduct issues
• The design and drafting of the charge sheet, notice to attend and representation issues
• Addressing specific previously difficult misconduct matters (drugs, intercepted emails, alcohol, mental illness and post trauma stress)
• The law of evidence – polygraph results, video evidence, 3rd party interventions.
• The disciplinary enquiry process and the new CCMA guidelines
• Appeal hearings – do we need them ?

CCMA GUIDELINES –MISCONDUCT ARBITRATIONS

• Arbitrators are bound by Labour Court decisions (precedent).
• Rules for Commissioners when dealing with misconduct arbitrations.
• Locus standi rules now enforced.
• The Award must be lawful, must be procedurally fair and be reasonable.
• CCMA arbitration hearings are held “de novo” (new hearing, not a repeat of previous hearing).
• Preliminary issues (in liminie”) raised at arbitration now require immediate ruling by Commissioner.
• The CCMA guidelines on the 6 stages of arbitration.
• Commissioner required to take notes of testimony provided by participants.
• Substantive & procedural fairness – application of the rules.

A CRUCIAL AND CRITICAL PROGRAMME

Many companies have costly compensation orders from the CCMA due to Line Managers and HR staff not complying with legislation and rules regarding disciplinary matters. This comprehensive programme imparts detailed insight into misconduct hearings in the workplace and adopting these processes to comply with the new order at the CCMA when defending dismissal sanctions. This programme will align management thinking, will encourage managers and empower managers to apply fair dismissal sanctions confidently. Complacency, inconsistency and turning “a blind eye” by management are some of the pitfalls companies often experience.