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.
- Interactive online session
- Industrial court decisions
- Case law
- Video presentations
- HR Managers
- HOD’s required to serve on D.I. Panel.
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
- 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
- What is a Misconduct?
- What is Misconduct in Employment?
- Classification of Misconduct – Minor/Major Misconduct
- Absenteeism during the unprecedented time
- Handling minor misconduct
- 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
- 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.