Handling Disciplinary Issues, Grievances and Domestic Inquiry at Workplace

Course Objectives 

• Identify your concerns and fears about dealing with grievance and disciplinary issues
• Define the meaning of a ‘grievance’ and ‘discipline’ in the workplace
• Distinguish between misconduct and Gross Misconduct
• Describe why grievance and disciplinary procedures are needed
• Be aware of the main legislation and how this fit with your organisation’s Grievance and Disciplinary procedures
• Outline the Disciplinary Process
• Understand what is a Domestic Inquiry (D.I.)
• Learn how to conduct a D.I.
• Understand the importance of proper conduct of D.I.

Target Audience

• CEO, HR Manager, HR Executive, HR Assistant, Personal Assistant, Secretary, Line Managers/Executives, Supervisors, Other Non-HR Managers and Executives.

Methodology

• Interactive online session
• Discussion
• Video presentations
• Case laws
• Quizze

Course Modules

Module 1: Employment Act 1955 & Industrial Relation Act 1967

• Explain the key provisions of legislation that covers termination

Module 2: Managing Probationers

• Termination and Understanding Probation
• Procedure for termination during Probation
• Procedure for termination after end of Probation

Module 3:  Managing Poor Performance

• Dealing with difficult employees during the unprecedented event on performance issue
• Why a manager’s ‘attitude’ plays the most important of roles in ensuring a successful performance review process.
• Giving constructive feedback
• 3 Step procedure to carry out dismissal
• Industrial Court Guidelines on poor performance.
• How to manage poor performance of confirmed employees
• Pitfalls leading to weak management of poor performance
• Practical Tips for Managing Poor Performers
• How to Create Effective Performance Improvement Plans (PIPs) That Drive Success
• Step by step guide to PIP
• When should you implement an Employee Performance Improvement Plan?
• Case law discussions on how to manage difficult employee situations during the performance review and PIP discussions.

Module 4: Types of Misconduct (Major & Minor Misconduct)       

• Malingering
• Tardiness
• Absence without approval
• Absence before or after PH
• Absence from the workplace
• Excessive MC
• Disobedience
• Insubordination
• Case laws

Module 5: Definition of Harassment

• Where can workplace harassment occur?
• What criteria have to be met to establish whether there was harassment?
• Time limit to file a complaint
• Examples of what constitutes workplace harassment and not
• Scenarios with examples of what may or may not constitute harassment

Module 6: Seven types of harassment

• Sexual harassment
• Sexual Coercion – condition of employment
• Sexual Annoyance – no condition on employment
• Is sexual harassment confined to workplace?
• Physical attacks (such as acts of force or violence)
• Psychological attacks (such as intimidation or verbal abuse)
• Segregation (such as ostracism)
• Excessive demands (such as assigning work that is impossible to perform or obviously unnecessary)
• Demeaning demands (such as assigning work clearly below the employee’s capability or providing no work at all)
• Intrusion upon the individual (such as intrusion into an employee’s personal life)
• Bullying and harassing behaviour

Module 7: Investigation and respond to complaints of sexual harassment Considerations in conducting the sexual harassment investigation

• Who should investigate?
• Tips on conducting a proper investigation.
• The complaint
• Evaluating the complaint
• Planning the investigation
• The investigation
• Evaluating the information
• The investigation reports
• Taking corrective action
• The final investigation files
• Approved sexual harassment investigation interview questions:

1. Questions to ask the complainant
2. Questions to ask the alleged harasser
3. Questions to ask third parties

Module 8: Grievance Mediation

• What is grievance & how does it develop?
• Approaches to handling grievance
• Grievance handling principle

Module 9:  Holding Disciplinary Sessions

• Progressive discipline & Domestic Inquiry
• When should a disciplinary hearing be instituted?
• Fairness in discipline
• Participants and their roles in a disciplinary hearing
• The disciplinary hearing process

Module 10:Domestic Inquiry Proceedings

• Legal & contractual requirements, demands of Natural Justice and Industrial Court Guidelines
• Commences with Allegation of Misconduct
• Investigation Process
• Investigating Officer’s Report – Format Framing Charge(s)
• Issue Show Cause Letter / Suspension from Work
• Issue Notice of Inquiry
• Appoint D.I Chairman and Panel Members
• Prepare Case for Prosecution Summon the Accused
• Pre- D.I Role of Panel
• Before the D.I Commences
• During the D.I Hearing Process
• Submission of Report to Management

Module 11: Industrial relations

• Advise on and apply the law in respect of industrial action and other key aspects of employee relations
• Articulate clearly statutory and legislative requirements
• Implement your organisation’s relevant policies and procedures