INITIATE & CHAIR A DISCIPLINARY ENQUIRY
Short Course

INTRODUCTION TO THE DISCIPLINARY PROCESS AND ITS PURPOSE

• Fundamental premise that should apply to all disciplinary action 
  
• Typical causes of disciplinary problems in the workplace 
• Different types/categories of dismissal 
• What does the law require for a dismissal to be fair?
  • Substantive Fairness
  • Procedural Fairness
• Progressive discipline
• Initiating a disciplinary enquiry, collecting evidence, drafting the charges, preparing witnesses
• Suspension

THE RULES OF EVIDENCE APPLICABLE TO DISCIPLINARY ENQUIRIES IN THE WORKPLACE

• The admissibility of evidence 
  
• Allegations, evidence, and facts 
• Real evidence, admissions, and confessions 
• Preparation for the enquiry

THE SEQUENCE OF EVENTS – WHAT ONE CAN EXPECT IN A DISCIPLINARY ENQUIRY

• Opening statement - evidence in chief 
• Cross examination 
• Re-examination 
• Closing arguments 
• Submissions in mitigation and aggravation

LAW OF EVIDENCE IN SO AS IT MIGHT APPLY TO DISCIPLINARY ENQUIRIES

• Deciding the merits of the case 
• Relevant and acceptable facts 
• The reliability and credibility of witnesses 
• The balance of probabilities 
• The onus / burden of proof 
• Formulating and documenting the findings 
• Mitigating and / or aggravating circumstances 
• Determining and ruling on the sanction

THE ROLE OF THE INITIATOR

THE ROLE OF THE CHAIRPERSON