Conducting in-depth Investigations

Section 1: Legislative Framework

Common Law vs. Statutory Law in the Workplace The impact of Statutory Law on Workplace investigations. In particular:
  • The Constitution
  • Labour Relations Act and in particular The Code of Good Practice
  • Protected Disclosures Act
  • RICA
  • Employment Equity Act.

Section 2: Principles of fairness under the LRA

A look at the rules of natural justice. Unpacking substantive fairness under the Labour relations Act with regard to discipline and dismissals including:
  • The need to establish the existence of a rule
  • The need to establish the rule was known
  • The need to establish the was broken
  • The need to establish that the rule was reasonable
  • The need to establish that the rule was consistently applied
  • Unpacking procedural fairness under the Labour Relations Act.  A look at how much proceduralism the Labour Relations Act requires to render a dismissal fair?

Section 3: Conducting thorough investigations

The purpose of the investigation and the critical role it plays in having:
  • Accurate charges
  • Effective evidence in chief
  • Effective cross examination.
How much evidence is enough to prove a case:
  • Understanding onus of proof under the Labour Relations Act
  • Understanding the measure of proof required to win a disciplinary case.
The admissibility of evidence obtained in an investigation. Understanding the value of different types of evidence in your investigation  and the weight each carries:
  • Documentary evidence
  • Direct evidence
  • Hearsay evidence
  • Corroborating evidence
  • Similar fact evidence
  • Circumstantial evidence
  • Opinion
  • Expert.
Investigation methods:
  • Taking witness statements and asking the right questions
  • Conducting inspections in loco
  • Polygraph testing
  • Close-Circuit Television
  • Email interception
  • Tapping phones and cell phones
  • Body searches
  • Entrapment and Moles
  • Breathalyser testing.

Section 4

Dealing with cases that constitute a disciplinary offence and criminal offence. Compounding.

Practicals

Practicals will include:
  • Training games
  • Practical exercises
  • Case studies
  • Group discussions and activities
  • Reference to recent case law on all the above topics
  • Role Plays. You can provide a case from your workplace which was not properly handled if you wish
  • Talk by a Large Private Investigating Concern who investigate criminal activities in the workplace.
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