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CHAPTER 1: WHY IS DISCIPLINE NECESSARY?
The reasons for discipline
Acceptable standards of behavior
Disciplinary code and procedure
Grievance procedure
Policies and procedures
Employment contracts
Restraint of trade
Types of contracts
When “custom” becomes part of a contract
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CHAPTER 2: CARRYING OUT EFFECTIVE DISCIPLINE
Controlling legislation
Carrying out discipline
Aims and objectives of discipline
Code of conduct
Types of offences
Forms of discipline
Types of discipline
How to effectively carry out discipline
Put people who know what they are doing in charge
Poor work performance
Misconduct
Grievances
Discipline with dignity
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CHAPTER 3: FAIRNESS
Procedural fairness
Substantive fairness
Consistency
Conclusion
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CHAPTER 4: THE EMPLOYEES RIGHTS
Introduction
Basic rights
Rights prior to a disciplinary hearing
Rights during a disciplinary hearing
Rights after completion of a disciplinary hearing
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CHAPTER 5: PREPARATION FOR A DISCIPLINARY HEARING
Introduction
Notify the Accused
Wording of the Charges
Investigation
Evidence
Proper Procedure
The Role Players
The Chairperson
Employee Entrapment
Use of Polygraphs as Evidence
Basic Elements of a Fair Hearing
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CHAPTER 6: THE DISCIPLINARY HEARING
Formulating disciplinary charges
How to conduct a disciplinary hearing
The complainant’s case
Evidence
Weaving a water-tight case
The accused’s case
Decision
How to determine guilt
What must a chairperson consider
The outcome
Possible corrective action
How must a chairperson arrive at a fair verdict
What happens if you dismiss an employee
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CHAPTER 7: REASONS FOR DISMISSAL
Poor work performance
The remedy for poor work performance
Dismissal for poor work performance
Probation
Incompatibility
Ill health and Injury
Misconduct
Retrenchment
Resignation – constructive dismissal
Settlement agreement
Desertion
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CHAPTER 8: POST DISMISSAL
Appeal Hearing
Application to the labour courts for unfair dismissal
Conciliation
ConArb
Pre-Arbitration
Arbitration
How to defend a case at the CCMA
The first ten years of the CCMA
Rescission
Labour Court
Formal Process
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CHAPTER 9: GUIDELINES FOR EMPLOYERS
Employment contracts
Advice for employers
Some lesser known facts of Labour Law
Emotions can dominate your thinking
Keep up with the Labour Laws
Employers need labour protection too
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CHAPTER 9: GUIDELINES FOR EMPLOYERS
The law does not only protect the rights of employees
Poor work performance
Principles to which employers must adhere
Labour brokers do provide “proper” jobs
Criminal charges
Claims of constructive dismissal
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