• HR Managers
• HOD
• HOD’s required to serve on D.I. Panel

DAY 1

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

RETRENCHMENT

• 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

DAY 2

MISCONDUCT

• What is a Misconduct?
• What is Misconduct in Employment?
• Classification of Misconduct – Minor/Major Misconduct
• Absenteeism during the unprecedented time
• Handling minor misconduct
• Insubordination
• 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

POOR PERFORMANCE

• 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.