Chairing a Disciplinary Enquiry Workshop
A practical workshop that equips delegates with the legal knowledge, confidence, and procedural skills required to chair disciplinary enquiries fairly, consistently, and lawfully — within the South African labour law framework.
By the end of the workshop you will be able to …
The workshop is focused on procedural fairness, conducting hearings professionally, evaluating evidence, managing difficult situations, and producing legally defensible outcomes.
Understand the legal framework governing disciplinary enquiries in South Africa
Differentiate between misconduct, incapacity, and poor performance matters
Apply procedural and substantive fairness principles
Prepare for and structure a disciplinary enquiry correctly
Manage hearings professionally and impartially
Deal with witnesses and evidence effectively
Handle objections, postponements, and representation issues
Assess aggravating and mitigating factors
Reach balanced and defensible findings
Draft outcome reports and sanction recommendations
Avoid common chairperson mistakes that create CCMA risk
Eight modules. End-to-end coverage.
From the legal foundations of discipline in South Africa through to writing an outcome report that holds up at the CCMA — every step of the chairperson's role is unpacked.
Foundations of Discipline in South Africa
- Purpose of discipline
- Progressive discipline principles
- Misconduct vs incapacity
- Rights of employees
- Employer obligations
- Substantive vs procedural fairness
Role and Responsibilities of the Chairperson
- Independence and impartiality
- Ethical responsibilities
- Avoiding bias and conflicts
- Duties before, during, and after the hearing
- Standard of proof: balance of probabilities
Preparing for the Enquiry
- Reviewing allegations
- Understanding charges
- Checking notice requirements
- Preparing the hearing process
- Documentation management
- Witness preparation considerations
Conducting the Hearing
- Opening the enquiry
- Explaining employee rights
- Plea process
- Order of proceedings
- Leading evidence & questioning techniques
- Managing representatives
- Recording proceedings & postponements
Evaluating Evidence and Credibility
- Assessing witness credibility
- Circumstantial evidence
- Documentary evidence
- Contradictions and probabilities
- Hearsay evidence
- Consistency and precedent
Handling Difficult Situations
- Emotional employees
- Aggressive representatives
- Refusal to participate
- Requests for postponement
- Procedural objections
- Insubordination during hearings
- Virtual disciplinary enquiries
Finding and Sanction
- How to reach a finding
- Balancing probabilities
- Consistency in discipline
- Mitigating and aggravating factors
- Appropriate sanctions
- Dismissal considerations
Writing the Outcome Report
- Structuring findings
- Summarising evidence
- Explaining reasoning
- Writing defensible recommendations
- Communicating outcomes
Book the workshop for your team
Delivered in-house at your premises or virtually. Pricing depends on group size, format and travel — talk to Rachel for a no-obligation quote tailored to your team.