Title: Conduct a disciplinary hearing
ID: 10985
NQF Level: Level 6
Subfield: Human Resources
Field: Field 003 – Business, Commerce and Management Studies
Credits: 5
PURPOSE OF THE UNIT STANDARD
This unit standard is intended for line managers and human resources practitioners who may be called upon to chair disciplinary hearings. Persons accredited with this unit standard are able to t effectively handle hearings and reach reasoned decisions on the basis of evidence presented.
LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING
It is assumed that people starting to learn towards this standard are able to:
Explain and apply labour relations to the disciplinary process
Handle meetings
Apply writing, listening and talking skills at least at NQF level 5
UNIT STANDARD RANGE
N/A
Specific Outcomes and Assessment Criteria:
SPECIFIC OUTCOME 1
Conduct and manage the hearing.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. Employee is properly and clearly informed of the allegation and of his/her rights.
ASSESSMENT CRITERION 2
2. Relevant questions are asked to ensure that proper procedure was followed prior to the hearing.
ASSESSMENT CRITERION 3
3. The hearing is conducted in a firm and procedurally fair manner.
ASSESSMENT CRITERION RANGE
Includes allowance for statement of case on both sides, witnesses, cross-examination, proper control and due consideration to cultural and linguistic factors.
ASSESSMENT CRITERION 4
4. Relevant questions for clarification (not in prosecution) are asked.
ASSESSMENT CRITERION 5
5. Behaviour is free of bias towards any party.
SPECIFIC OUTCOME 2
Implement procedure to handle non-dismissible offences.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. All evidence is efficiently summarised, considered and weighed in terms of probability.
ASSESSMENT CRITERION 2
2. Decision is based on analysis of the evidence.
ASSESSMENT CRITERION 3
3. Decision is clearly communicated to the parties.
ASSESSMENT CRITERION 4
4. Clear reasoning is provided for the decision.
SPECIFIC OUTCOME 3
Hear pleadings.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. Parties are granted sufficient opportunity to plead mitigation or aggravation.
ASSESSMENT CRITERION 2
2. If necessary, information regarding mitigating and aggravating circumstances is elicited.
SPECIFIC OUTCOME 4
Take a decision as to sanction.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. All relevant factors are considered and carefully weighed.
ASSESSMENT CRITERION 2
2. Clear reasoning is demonstrated for reaching final decision.
SPECIFIC OUTCOME 5
Inform employee of and record decisions.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. All relevant factors are considered and carefully weighed.
ASSESSMENT CRITERION 2
2. Employee is verbally informed, in clear terms, of decision.
ASSESSMENT CRITERION 3
3. Decision is properly substantiated.
ASSESSMENT CRITERION 4
4. Employee is informed of his/her rights in this regard.
SPECIFIC OUTCOME 6
Ensure that proceedings and decisions are recorded.
ASSESSMENT CRITERIA
ASSESSMENT CRITERION 1
1. Procedure is properly recorded.
ASSESSMENT CRITERION 2
2. Main issues and arguments are succinctly recorded.
ASSESSMENT CRITERION 3
3. Reasons for final decisions as to guilt and sanction are recorded.
UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS
1. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA.
2. Any institution offering learning that will enable achievement of this unit standard or will assess this unit standard must be accredited as a provider with the relevant ETQA.
3. Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines in the relevant qualification and the agreed ETQA procedures.
4. Therefore, anyone wishing to be assessed against this unit standard may apply to be assessed by any assessment agency, assessor or provider institution that is accredited by the relevant ETQA.
UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE
Knowledge considered to be critical evidence of competence is included in the assessment criteria explicitly, or can be inferred by performance. This includes knowledge on:
Relevant sections of labour legislation
Relevant Codes of Good Practice
Principles of Procedural and Substantive Fairness
Rules of case presentation, evidence, examination and cross-examination.
Relevant case law.
UNIT STANDARD DEVELOPMENTAL OUTCOME
N/A
UNIT STANDARD LINKAGES
N/A
Critical Cross-field Outcomes (CCFO):
UNIT STANDARD CCFO IDENTIFYING
Identify and solve problems by using critical and creative thinking by, e.g.:
Taking a decision as to sanction according to the assessment criteria set for specific outcome “Take a decision as to sanction.”
UNIT STANDARD CCFO COLLECTING
Collect, analyse, organise and critically evaluate information by, e.g.:
Deciding on proof for transgression according to the assessment criteria set for specific outcome “Implement procedure to handle non-dismissible offences.”
Taking a decision as to sanction according to the assessment criteria set for specific outcome “Take a decision as to sanction.”
UNIT STANDARD CCFO COMMUNICATING
Communicate effectively by, e.g.:
Conducting and managing the hearing according to the assessment criteria set for specific outcome “Conduct and manage the hearing.”
Hearing pleadings according to the assessment criteria set for specific outcome “Hear pleadings.”
QUALIFICATIONS UTILISING THIS UNIT STANDARD:
| ID | QUALIFICATION TITLE | PRE-2009 NQF LEVEL | NQF LEVEL | STATUS | END DATE | QUALITY ASSURING BODY | |
| Core | 61592 | National Diploma: Human Resources Management and Practices | Level 5 | NQF Level 05 | Reregistered | 2015-06-30 | As per Learning Programmes recorded against this Qual |
| Core | 93994 | National Diploma: Labour Relations Practice: Dispute Resolution | Level 5 | NQF Level 05 | Reregistered | 2015-06-30 | As per Learning Programmes recorded against this Qual |
| Core | 64330 | National Certificate: Mission Corporate Services Management | Level 6 | Level TBA: Pre-2009 was L6 | Reregistered | 2015-06-30 | PSETA |
| Elective | 48915 | Further Education and Training Certificate: Manufacturing and Assembly Operations Supervision | Level 4 | NQF Level 04 | Reregistered | 2015-06-30 | MERSETA |
| Elective | 24194 | National Certificate: Construction Material Manufacturing | Level 4 | Level TBA: Pre-2009 was L4 | Reregistered | 2015-06-30 | CETA |
| Elective | 21728 | National Certificate: Labour Recruitment Consultancy | Level 4 | NQF Level 04 | Passed the End Date – Status was “Registered” |
2004-06-12 | SERVICES |
| Elective | 61589 | National Certificate: Banking | Level 5 | Level TBA: Pre-2009 was L5 | Reregistered | 2015-06-30 | As per Learning Programmes recorded against this Qual |
| Elective | 49257 | National Certificate: Conflict Management and Transformation | Level 5 | Level TBA: Pre-2009 was L5 | Reregistered | 2015-06-30 | PSETA |
| Elective | 57957 | National Certificate: Export Administration | Level 5 | Level TBA: Pre-2009 was L5 | Reregistered | 2015-06-30 | TETA |
| Elective | 49118 | National Certificate: Resolving of Crime | Level 5 | Level TBA: Pre-2009 was L5 | Passed the End Date – Status was “Registered” |
2007-12-02 | Was SAS SETA until Last Date for Achievement |
| Elective | 59989 | National Certificate: Resolving of Crime | Level 5 | Level TBA: Pre-2009 was L5 | Reregistered | 2015-06-30 | SAS SETA |
| Elective | 22444 | National Diploma: Freight Forwarding | Level 5 | Level TBA: Pre-2009 was L5 | Passed the End Date – Status was “Reregistered” |
2007-11-28 | Was TETA until Last Date for Achievement |
| Elective | 59304 | National Diploma: Freight Forwarding and Customs Compliance | Level 5 | NQF Level 05 | Reregistered | 2015-06-30 | TETA |
| Elective | 49794 | National Diploma: Productivity | Level 5 | NQF Level 05 | Reregistered | 2015-06-30 | SABPP |
| Elective | 21847 | National Diploma: Manufacturing Management: Food and Beverage | Level 6 | NQF Level 06 | Reregistered | 2015-06-30 | FOODBEV |
| Elective | 49317 | National Certificate: Scriptwriting | Level 7 | Level N/A: Pre-2009 was L7 | Reregistered | 2015-06-30 | MICTS |
| Elective | 49062 | National Diploma: Interpreting | Level 7 | Level N/A: Pre-2009 was L7 | Reregistered | 2015-06-30 | CHE |
| Elective | 48801 | National Diploma: Specialised Translation | Level 7 | Level N/A: Pre-2009 was L7 | Reregistered | 2015-06-30 | CHE |