Effective Workplace Discipline: Getting it Right from Counselling to Dismissals

Avoid the mistakes which could potentially cost your business dearly

Section 185 of the Labour Relations Act gives all employees the right not to be unfairly dismissed.  Yet many employers still make fundamental mistakes when taking corrective action against their employees.  As an employer, there is nothing more frustrating than having to compensate or reinstate an employee who has broken your rules.  The key to successful workplace discipline starts with understanding the principles of progressive discipline and ensuring you know the procedural requirements to ensure fairness. 

All too often, employers are ill prepared when taking disciplinary action against employees who have broken the company’s rules, particularly when it comes to conducting disciplinary enquiries.  Even if you have experienced expert consultants available to chair such enquiries, things will not go your way unless you prepare thoroughly and present a well prepared, structured case to maximize your chances of success.

Gordon Angus and Associates, is running a one-day workshop to guide employers through the discipline provisions of the Labour Relations Act.

Topics covered

Fair and effective discipline

  • Management’s disciplinary authority
  • The role of discipline
  • Employer and employee duties to a company
  • Disciplinary rules and standards
  • Sanctions
  • Disciplinary procedures
  • Issuing of warnings

Dismissal and the Labour Relations Act

  • What is a ‘dismissal’?
  • Fair reasons (substantive fairness)
  • Fair procedure (procedural fairness)
  • Onus
  • Unfair dismissal, automatically unfair dismissal and remedies for both

How to conduct a fair disciplinary enquiry

  • Requirements of a fair hearing
  • Preliminary investigation to collect evidence
  • Notification
  • Formulating the charge
  • Employee rights
  • Using checklists as a tool
  • How to conduct a disciplinary enquiry – the process
  • The key roles and characteristics of participants at a disciplinary enquiry
  • Closing statements
  • Verdict
  • Mitigation and aggravation
  • Penalty
  • Testing fairness
  • Appeal procedure
  • Fair enquiry guidelines and consequences of unfairness

Practical guidance on dealing with common disciplinary problems in the workplace

  • Absenteeism and poor timekeeping
  • Sick leave abuse
  • Theft/unauthorised use or removal of company property
  • Insubordination/refusal to carry out lawful and reasonable work instructions
  • Assault
  • Intoxication

Presenter

The course will be facilitated by Gordon Angus, Director of GA&A, Gia Freese and Chris Botha, Associates at GA&A. Between them, they have nearly 30 years’ experience in industrial relations and have trained and guided many companies in the implementation of effective discipline and are vastly experienced in chairing disciplinary enquiries and resolving disputes at the CCMA and bargaining councils.

Date and Venue 

Thursday, 23 March 2023, Birchwood Hotel, Viewpoint Road, Boksburg.  

Times

  • 08h00           Registration, tea and coffee 
  • 08h30           Start 
  • 10h30            Tea break 
  • 12h30           Lunch
  • 15h00            Afternoon tea break
  • 16h30            Finish 

Fee per delegate

R3 816.00 ex vat (R4388.40 inc vat) including lunch and teas  

For more information or to book, please contact Gordon at gordon@gordonangus.co.za; Gia at gia@gordonangus.co.za; Chris at chris@gordonangus.co.za.