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SAQA ID 255514

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SOUTH AFRICAN QUALIFICATIONS AUTHORITY
REGISTERED UNIT STANDARD:

 

Conduct a disciplinary hearing
SAQA US ID UNIT STANDARD TITLE
255514 Conduct a disciplinary hearing
ORIGINATOR
Task Team – Wholesale and Retail
QUALITY ASSURING BODY
FIELD SUBFIELD
Field 11 – Services Wholesale and Retail
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined Regular-Fundamental Level 5 Level TBA: Pre-2009 was L5 15
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered 2015-07-01 2018-06-30 SAQA 10105/14
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2019-06-30 2022-06-30

 

PURPOSE OF THE UNIT STANDARD

This unit standard is intended for managers/supervisors who investigate and carry out disciplinary hearings. On successful completion of this unit standard learners will be able to differentiate between the different types of incidents, investigate the incident, decide on whether an enquiry is necessary, hold enquiries, decide on the nature of the disciplinary action to take and take the action within organisational timeframes and following organisation policies and procedures.

After completion of this unit standard the learner will be able to:

  • Explain organisational and legal policies, procedures for instituting disciplinary action.
  • Investigate the allegation.
  • Prepare for a hearing.
  • Conduct a disciplinary hearing.

 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

It is assumed that the learner attempting this unit standard has completed the following area of learning:

  • Communication NQF Level 3.

 

UNIT STANDARD RANGEN/A

 

Specific Outcomes and Assessment Criteria:

 

SPECIFIC OUTCOME 1Explain organisational and legal policies, procedures for instituting disciplinary action.
ASSESSMENT CRITERIA

 

ASSESSMENT CRITERION 1The difference between poor performance issues and misconduct issues is explained in terms of how each are handled.

 

ASSESSMENT CRITERION 2Procedure for instituting disciplinary action and applicable timeframes is explained in terms of the organisation’s procedures and legal requirements.

 

ASSESSMENT CRITERION 3Role players in the disciplinary process and their roles and rights are explained in terms of the organisation’s procedures and legal requirements.

 

SPECIFIC OUTCOME 2Investigate the allegation.
ASSESSMENT CRITERIA

 

ASSESSMENT CRITERION 1Statements are taken that meet legal and organisation requirements.

 

ASSESSMENT CRITERION 2The investigation is conducted in a fair and impartial manner.

 

ASSESSMENT CRITERION 3The various options open are discussed with relevant specialists and a way forward with the disciplinary action is decided upon in terms of the organisation’s disciplinary procedure.

 

ASSESSMENT CRITERION 4Where no further action is required the paperwork is completed and forwarded/filed according to organisational requirements.

 

SPECIFIC OUTCOME 3Prepare for a hearing.
ASSESSMENT CRITERIA

 

ASSESSMENT CRITERION 1Verbal/written notification to employees undergoing a hearing is given in terms of organisational prescripts.

 

ASSESSMENT CRITERION 2The employee is notified of his/her rights regarding the hearing in terms of legal and organisational requirements.

 

ASSESSMENT CRITERION 3The required information is identified and given to the employee prior to the hearing in terms of legal and organisational requirements.

 

ASSESSMENT CRITERION 4Preparation for the hearing in terms of human and physical resources is carried out and meets the requirements of the organisation.

 

ASSESSMENT CRITERION 5Internal and external resources available to help with the process/decision making are identified in terms of organisational policy.

 

SPECIFIC OUTCOME 4Conduct a disciplinary hearing.
ASSESSMENT CRITERIA

 

ASSESSMENT CRITERION 1The roles of all parties in the process are clarified at the start of the hearing in terms of legal and organisational requirements.

 

ASSESSMENT CRITERION 2The disciplinary hearing is conducted in a manner that meets all legal and organisational requirements.

 

ASSESSMENT CRITERION 3A decision is concluded meeting the requirements from both a legal and organisational perspective.

 

ASSESSMENT CRITERION 4The process meets procedural requirements from both a legal and organisational perspective.

 

ASSESSMENT CRITERION 5A decision is made and the employee is advised of the decision following legal and organisational requirements.

 

ASSESSMENT CRITERION 6All relevant role players are notified of the decision in a manner that ensures all the legal and organisational requirements are met.

 

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

  • Programmes leading to the award of credits from this unit standard will be accredited by the relevant SETA in its ETQA role. Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant SETA ETQA. Internal Moderations will be performed by the Accredited Providers whilst the relevant ETQA will perform external moderations of assessments across the Accredited Providers according to the moderation guidelines in the relevant qualification and the agreed ETQA procedures.

 

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE

  • The difference between poor performance isuues and misconduct issues and how the organisations policy and procedures for handling each.
  • Organisational procedure for instituting disciplinary action and applicable timeframes.
  • Legal requirements in respect of instituting disciplinary action and applicable timeframes.
  • The role players required in the process of investigating an incident and their roles.
  • Legal and organisational requirements in the taking of statements.
  • How to carry out an investigation ensuring it is fair and impartial.
  • The organisation’s disciplinary procedures.
  • Requirements in the completing of paperwork in respect to disciplinary action and where this is stored including the confidentiality of decisions.
  • Requirements in regard to notifying an employee of a pending hearing and the required time frames.
  • Employee rights when involved in a hearing.
  • Information to be given to employees involved in a hearing and the timeframes for this.
  • The human and physical resources required when holding a hearing.
  • Internal/external resources available to help with the process/decision making.
  • Organisational procedures for recording details of the hearing.
  • The legal tests to ensure procedural and substantive fairness.
  • Requirements in respect of notifying the employee of the disciplinary decision.
  • Policy in respect of taking into account prior offences/disciplinary action and/or aggravating circumstances.
  • Employee rights regarding appeals.

 

UNIT STANDARD DEVELOPMENTAL OUTCOMEN/A

 

UNIT STANDARD LINKAGESN/A

 

Critical Cross-field Outcomes (CCFO):

 

UNIT STANDARD CCFO IDENTIFYING

Solving problems:

  • Problem solving is required throughout the disciplinary process in order to ensure that effective decisions are taken and relevant processes are maintained within the context of challenges that might be encountered.

 

UNIT STANDARD CCFO ORGANISING

Organise oneself and ones activities:

  • Self-organisation is required in order to ensure effective planning and implementation of the disciplinary intervention.

 

UNIT STANDARD CCFO COLLECTING

Collect, analyse, organise and critically evaluate information:

  • Management of the process throughout its initiation to its conclusion is supported by the collection, analysis, organising and critical evaluation of information.

 

UNIT STANDARD CCFO COMMUNICATING

Communicate effectively:

  • The convening of disciplinary action is supported by the maintaining of effective communication to staff and relevant role-players throughout the process.