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UNDERSTANDING EVIDENCE & CHAIRING HEARINGS
ABOUT THE COURSE
Chairing a disciplinary hearing requires a thorough understanding of the rules of evidence, the law, technical objections and procedural finesse. Decision makers must be able to determine if evidence may be heard and then apply the rules of evidence so as to determine which is the most probable version.
Included in those procedural elements are several points in limine or technical challenges that need to be considered and ruled on. These require a thorough understanding of the technical aspects and the associated case law.
The chairperson must also ensure that a procedurally and substantively fair process is followed to give the employee a fair opportunity and to avoid potential litigation consequences.This course takes an in depth look into key procedural issues and how decision makers evaluate evidence to reach their conclusions.
COURSE OUTLINE
- Outline the stages of a disciplinary process
- Discuss the role of the chairperson
- Breakdown specific misconduct elements
- Discuss the requirements for proving a misconduct
- Distinguish between balance of probability and beyond reasonable doubt
- Breakdown the arguments of a point in limine argument
- Analyse the merits of objections
- Evaluate the admissibility of evidence
- Assess the credibility of a witness
- Apply the cautionary rules of evidence
- Determine the weight of evidence
- Interpret the evidence to determine a finding on guilt
- Discuss mitigating & aggravating factors
- Evaluate the trust relationship
- Evaluate the employment relationship
- Determine the appropriate sanction
- Explain the basis of conclusions
- Compose a rational and logical finding
WHO SHOULD ATTEND?
Whilst the course name may suggest the course is for chairpersons, the content is applicable to any persons appearing at disciplinary processes. Everyone requires a thorough understanding of what is and what is not allowed in proceedings.
Similarly, one must have knowledge of the technical challenges often raised at proceedings, be it for purposes of raising the point or to object. The course is most beneficial to persons with some experience or understanding of disciplinary proceedings. It builds superbly on the disciplinary course.
- HR Managers
- Heads of Department
- Chairpersons
- Supervisors
- Employee representatives
- Legal Advisors
