Available Dates:
21 Jul 2020 – 22 Jul 2020
13 Oct 2020 – 14 Oct 2020

OBJECTIVE

At the end of the programme, participants will be able to:

  • Understand the cost cutting measures
  • Learn the importance of getting consent
  • Understand The lawful termination
  • Learn do handle poor performers
  • Identify types of misconduct.
  • Understand what is virtual Domestic Inquiry (D.I.)
  • Understand the importance of proper conduct of D.I.
  • Understand what constitutes a defective D.I.

METHODOLOGY

  • Interactive online session
  • Discussion
  • Industrial court decisions
  • Case law
  • Video presentations
  • Quizzes
  • HR Managers
  • HOD
  • HOD’s required to serve on D.I. Panel.

DAY 1

SUSTAINABILITY & COST CUTTING MEASURES

  • What are the cost- cutting measures company can take?
  • Do you need consent & how to get consent?
  • What if consent is not given by the employees, what happens next?
  • Procedural steps to get consent.
  • What are the potential costs associated with firing people?
  • Case law discussion

RETRENCHMENT

  • What is retrenchment and what is redundancy? Is there a difference in meaning behind the terminology?
  • Difference between retrenchment and termination
  • LIFO and FIFO principles in retrenchment
  • Breaking the retrenchment news to employees
  • VSS and MSS
  • In what situation can a company retrench an employee?
  • 3 phases of retrenchment
  • What guidelines should employers follow when selecting employees to retrench?
  • Notification to the authorities
  • Does the law require employers to pay any retrenchment benefits?
  • Calculating wages on retrenchment
  • Role of labour department in retrenchment
  • Code of Conduct for Industrial Harmony
  • Burden of proof
  • Can employees challenge a retrenchment?
  • Can an employee claim wrongful dismissal on retrenchment?
  • Case laws

DAY 2

MISCONDUCT

  • What is a Misconduct?
  • What is Misconduct in Employment?
  • Classification of Misconduct – Minor/Major Misconduct
  • Absenteeism during the unprecedented time
  • Handling minor misconduct
  • Insubordination
  • Case law discussion

VIRTUAL DOMESTC INQUIRY

  • Two principles of natural justice that industrial court will consider
  • Documentation preparation in virtual DI
  • Handling witnesses in virtual DI
  • Handling evidence in virtual DI
  • Minutes in virtual DI
  • Communicating the show cause
  • Panel discussion in virtual DI
  • Other means of communication
  • Confidentiality issues
  • Advantages of virtual DI
  • Admissibility in the court

DOMESTIC INQUIRY PROCEEDINGS

  • 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

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.
  • Case law discussions on how to manage difficult employee situations during the performance review and PIP discussions.

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