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Table of contents Module 1: What is a dismissal? 1. Definition 2. Unlawful and unfair dismissals Module 2: The Code of Good Practice - Dismissal Module 3: Dismissal for misconduct 1. Introduction 2. Guidelines in cases of dismissal for misconduct: Item 7 of the Code 2.1. Is there a rule? 2.2. Was the employee aware of the rule? 2.3. Did the employee contravene the rule? 2.4. Is the rule or standard a valid or reasonable rule or standard? 2.4.1. Validity 2.4.2. Reasonableness 2.5. Was dismissal an appropriate sanction? 2.5.1. Gravity of the contravention 2.5.2. Reasons for not dismissing: has the rule been consistently applied? 2.5.3. Reasons for not dismissing: factors that may justify a different sanction 2.5.3.1. Employee’s circumstances 2.5.3.2. Nature of the job 2.5.3.3. Circumstances of the contravention Module 4: Fair procedure 1. Introduction 1.1. The right to be informed of the charges 1.1.1. Charges must be clear 1.1.2. No splitting or duplication of charges 1.2. The right to a proper opportunity to prepare 1.3. The employee’s right to be heard and to present a defense 1.4. The right to be fairly judged 1.5. Suspension 1.6. The disciplinary hearing 1.7. Conduct of the chairperson and bias 1.8. Changing the finding of the chairperson on appeal 1.9. Double jeopardy Module 5: Electing a chairperson Module 6: Specific types of misconduct 1. Introduction 1.1. Derivative misconduct 1.2. Misconduct outside the workplace 2. Absence without leave or permission 2.1. Absenteeism 2.2. Abscondment 2.3. Desertion 2.4. Imprisoned employees 3. Failure to inform the employer of the reasons for absence 4. Abusive language and racist remarks 5. Abuse of sick leave 6. Assault 7. Competing with the employer / conflict of interest 8. Damage to property 9. Negligence 10. Disclosing confidential information 11. Dishonesty 12. Alcohol and drugs 13. Falsification 14. Fraud 15. Bringing the employer’s name into disrepute 16. Insolence/insubordination 17. Refusal to work overtime 18. Sexual harassment 19. Sleeping on duty 20. Theft/unauthorised possession Module 7: Evidence and findings in disciplinary hearings 1. Leading and testing evidence and versions 2. The opening statement 3. Evidence in chief 4. Cross-examination 5. Re-examination 6. Written statements Module 8: Evaluating evidence Module 9: Evaluating evidence and making a finding 1. Evidentiary burden 2. Evidence: sources, types and admissibility 2.1. Site inspections or inspection in loco 2.2. Customers and suppliers 2.3. Written statements and affidavits 2.4. Probative material 2.4.1. Oral evidence 2.4.2. Real evidence - photographs electronic evidence and video tapes 2.5. Admissibility and weight of evidence 2.6. Relevance of evidence 2.7. Character evidence 2.8. Similar fact evidence 2.9. Opinion evidence 2.10. Expert evidence 2.11. Previous consistent statements 2.12. Hearsay evidence 2.13. Privileged evidence 2.14. Illegally obtained evidence 2.15. Direct and circumstantial evidence 2.16. Entrapment 2.17. The cautionary rule 2.18. Admissions 2.19. Confessions 2.20. Polygraph tests Module 10: A step-by-step checklist for disciplinary hearing chairpersons • Disciplinary code • Practical exercise • The disciplinary process