Join us on Wednesday 15 February at 16h30 for a short hybrid webinar on Labour Law and Misconduct. This is a great opportunity for attorneys, labour consultants and human resource specialists to learn the basics, and have a drink with us afterward to network, or pick our brains. We welcome you to join us at our offices in Sandton, Cape Town or Durban, or online, and invite your colleagues to join as well.

The objective of this session is to help employment law stakeholders (attorneys, labour consultants and human resource specialists) to gain critical skills required in their capacities in respect of identifying misconduct, the treatment and investigation of misconduct together with their role in disciplinary enquiries.

By the end of this course, attendees should be able to identify misconduct, gain critical skills on how to charge employees, lead evidence during a disciplinary enquiry and properly treat misconduct from investigation to completion of each respective case.

1.      The rights and duties of employee and employer

The basis of the employment relationship

Duties of an employer and employee

Discipline as the duty of the employer

2.      Type of rules and particular offences

Types of rules

Enforceability of rules

Disciplinary code and procedure

Particular offences

Drafting a disciplinary charge

3.      The rules of evidence

Documentary evidence

Viva Voce evidence

The hearsay evidence rule

Evaluation of evidence: Balance of probabilities

The issue of entrapment and polygraphs

4.      Disciplinary Sanctions

Typical sanctions

Dismissal

Automatically unfair dismissals

5.      The Substantive and procedural fairness of a disciplinary hearing

Substantive fairness

Procedural fairness

Specific procedural requirements

How to deal with issues of (postponement, objections, walks outs and request for outside representation)

Consequences of unfair dismissal

To register:

Email keri@thomsonwilks.co.za to receive your link,

or RSVP for physical attendance for catering purposes.

Feel free to share this invite far and wide, we look forward to seeing as many of you there as can make it.

Contact for RSVP’s:

Email: Keri@thomsonwilks.co.za

Tel: 011 784 8984

Contact for content questions:

Mbuso Gcwensa

Email: mbuso@thomsonwilks.co.za

Tel: 011 784 8984

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