A Practical Guide to Disciplinary Hearings sets out all the practical aspects of the disciplinary hearing for the chairman and the defendant employee. The logical layout of this book allows for easy use during the hearing. The author has devised a helpful matrix for calculating awards and reaching fair results.

A Practical Guide to Disciplinary Hearings contains templates for hearings on the different types of offence. From the perspective of the person chairing the hearing, practical guidelines on the process, advice on the sanction, the deliberation, the evidence permitted and the most common anomalies which arise in hearings, make this book a compulsory guide. The book assists human resource managers in drafting charge sheets, the presentation of the facts, examination, cross-examination and leading evidence.

• The basics — misconduct
  - The purpose of a disciplinary hearing
  - Burden of proof
  - The use of templates
  - Disciplinary hearing template for misconduct — corporate procedure
  - Template 1 — misconduct
  - The law or unlawfulness of the act
  - The conduct in breach of the law, standard or rule
  - The intention
  - Template 2 — the hearing
• Fairness
  - Substantive fairness
  - The principles
  - Where the rule can be found
  - If the rule was contravened
  - Verdict matrix
  - How to factor in progressive discipline
  - Procedural fairness
  - What constitutes a procedurally fair hearing?
  - The employee’s rights
  - Pre-hearing procedures
  - Checklists
• Offence categories
• Incapacity
  - Ill-health or injury
  - Poor work performance
  - Probation
  - Incapacity hearing for poor work performance or ill-health
  - Template 3 and 4 — checks, presentations & findings
• Processing evidence
  - Witness interaction
  - Pre-hearing discussions with the witness
  - Hearing protocol
  - Witness evidence
  - Strategising
  - Presenting the evidence
  - Types of evidence
  - How to draw up a charge sheet for misconduct
  - Template 5 — charge sheet
  - Double jeopardy
  - Changing the charge during a hearing
  - The suspension of an employee
• The decision-making process for misconduct
  - Culpability or guilt — verdict
  - The elements needed to decide on verdict
  - The decision for sanction — misconduct
  - Dismissal: the appropriate sanction?
  - The weighted award — the sanction matrix
• Appeals
  - Process of lodging an appeal
  - Template 6 — how to lodge an appeal
  - Template 7 — the process prior to the appeal hearing
  - Template 8 — the appeal hearing
  - Checklists
• Grievance procedures
  - The purpose of grievance procedures
  - Template 9 — grievance procedures
  - Grievance form
  - The amended Code of Good Practice on the Handling of Sexual Harassment Cases in the Workplace
• Legislation for referencing including:
  - The Constitution of the Republic of South Africa, 1996
  - Important legislation used in the labour environment, including the Labour Relations Act 66 of 1995, Basic Conditions of Employment Act 75 of 1997, Employment Equity Act 55 of 1998, Skills Development Act 97 of 1998, Occupational Health and Safety Act 85 of 1993, Protected Disclosures Act 26 of 2000 (whistle-blowing) and Codes of Good Practice

• Labour lawyers
• HR Managers
• Trade unions
• Line managers
• Lecturers teaching management and HR courses

• Provides a step-by-step, practical guide to the charge, hearing, and appeals processes
• Enables large and small businesses to reduce legal costs
• Contains a convenient matrix for determining the verdict
• Contains a convenient matrix for determining the sanction
• Can be used as a training tool for new managers