Conduct a disciplinary hearing

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

 

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