Handling Disciplinary Issues, Grievances and Domestic Inquiry at Workplace

Explain the key provisions of legislation that covers termination

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

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.

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

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

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

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:
Questions to ask the complainant
Questions to ask the alleged harasser
Questions to ask third parties

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

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

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

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