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INVESTIGATING MISCONDUCT
& INITIATING A MISCONDUCT ENOUIRY

Facilitated By: Colin Heads – Head of Employee Relations

OBJECTIVES OF THIS WORKSHOP:

Dealing with Misconduct in the workplace is a challenge that all Managers and Supervisors are likely to be faced with at some time. This objective of this workshop is to give delegates the practical knowledge and understanding to enable them to prepare for a disciplinary enquiry as an Initiator. This workshop will allow delegates to investigate the challenges they are facing regarding the implementation of disciplinary action, and to act on it with the correct procedure and preparation.

WHO SHOULD ATTEND:

This workshop is aimed at Managers, Supervisors and Human Resources specialists that will be tasked with dealing with discipline in the workplace.

LENGTH OF WORKSHOP:

The workshop takes place over a day and a half.

VENUE:

This workshop can be run virtually or in house at clients premises.

THE OUTLINE FOR THE WORKSHOP IS AS FOLLOWS:

  • Understanding the Employment Laws that govern the employment relationship in South Africa and how your organisation’s disciplinary code and procedure is aligned to those laws;

 

  • What factors should one take into consideration when investigating the incident?
  • Distinguishing whether the issue is one of misconduct or poor work performance;
  • Who should manage discipline at the workplace?
  • The right to privacy;
  • How useful is the evidence that is obtained from using polygraphs;
  • How to manage “debatable” sick leave;
  • Investigating email and internet abuse;
  • How reliable is the evidence that is obtained from searching the employee or his/her belongings?
  • Questioning a group of suspects;
  • The admissibility of documentary evidence;
  • Taking statements from witnesses;
    Preparing the notice of Misconduct enquiry and formulating the charge/s;
  • Preparing a witness for the Enquiry;
  • Making an opening statement;
  • Presenting evidence in chief taking note of the value of direct evidence and the risk of circumstantial and hearsay evidence;
  • The art of cross examination;
  • Presenting evidence in aggravation if the employee is found guilty.

Cost:

A quotation is available depending on number of delegates and chosen venue.