Investigating and Presiding Skills

Purpose

To equip learners with knowledge and skills that would enable them to investigate, apply, initiate and adjudicate disciplinary matters or action within the workplace in accordance with all the relevant statutory requirements.

Target Group

This course has been developed for Public Servants involved in workplace investigations related to employee misconduct, as well as persons appointed as Presiding Officers or Chairpersons at disciplinary inquiries.

Minimum Requirements for Enrollment

Learners accessing this course must be able to:

• Explain and apply labour relations to the disciplinary process ;
• Handle meetings;
• Apply writing, listening and talking skills at a senior certificate level;
• Apply principles of policy and procedure implementation;
• Demonstrate an understanding of an organisation and its functions; and
• Apply consultation skills.

 
Pre-course work
In preparation for the course, learners are required to complete the following actions, prior to attendance.
 
Action 1: Essential Reading
The readings below are viewed as essential for this course and can be found on the DPSA website (www.dpsa.gov.za)and the DoL website (www.labour.gov.za): These documents can also be found on the accompanying Resource CD. You are required to read these documents prior to your course attendance as they will form the basis of the discussions and activities in class.

• Public Service Co-ordinating Bargaining Council (PSCBC) resolution no. 1 of 2003; and
• Code of Good Practice: Dismissal, extracted from Schedule 8 of the Labour Relations Act.

 
Learners are required to, after reading the required excerpts, complete the pre-course activity comprising of multiple choice questions.
 
Action 2: Additional Reading

• Guide on Disciplinary and Incapacity Matters;
• Guidelines to follow when considering the merits of an appeal in a case of misconduct, 2001;
• Survey on the Handling of Appeals, OPSC, 2002;
• Ministerial Directive: Disciplinary code and procedure for members of the Senior Management Service, DPSA, 2003;
• Amendments to Ministerial Directive on Disciplinary Code and Procedure for members of the Senior Management Service, DPSA, 2003;
• Report on Measuring the efficacy of the code of conduct for Public Servants, OPSC, 2006; and
• Evaluation of the Consistency of sanctions imposed for misconduct in the Public Service, OPSC, 2008.

 
NOTE: Notify your supervisor/manager in order for him/her to support you on this journey. In so doing you will be able to successfully complete this course and take your learning back to your workplace. To this end the availability of time, resources and an enabling environment will benefit both you and your department.

Learning Outcomes

By the end of this course participants should be able to:

• Understand how to apply discipline in the workplace;
• Apply the Law of Evidence as it relates to Disciplinary Investigations;
• Use a variety of techniques in Investigating allegations;
• Comply with the procedural requirements as stipulated in the CODE;
• Plan and present the case on behalf of the employer; and
• Preside over a disciplinary enquiry.

Accreditation

This is a non-credit bearing course. After successful completion of the course, participants will receive a Certificate of Completion.

Assessment Approach

This course follows an integrated assessment approach, comprising:

• Pre-contact assessment;
• Formative assessments; and
• Post-contact assessment.

Duration

This course is presented over five (5) working days.