FOCUSING ON |
- The Principle of Natural Justice
- Handling Termination Cases
- Domestic Inquiry – it’s requirements
- Misconduct – definition, control and investigations
- The selection of panel, its role and implications
- Conducting a Domestic Inquiry
- The decision, penalty and Panels’s findings
- Avoiding the shortcomings and pitfalls
- The Industrial Court views Domestic Inquiry
- Employee’s Recourse, Employers’ Counter-action
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AFTER ATTENDING THIS COURSE, YOU WILL RETURN TO YOUR JOB… |
- Knowing how to handle termination cases.
- Learning how to conduct an effective Domestic inquiry.
- Understanding the pertinent pre-requisites of an inquiry.
- Implementing Principles of Natural Justice effectively.
- Imposing appropriate penalty to commensurate with the misconduct committed.
- Learning the roles of panel members, prosecution, union representative, witnesses and decision making.
- Preparing the Charge Sheet, Notice of Inquiry and Panels Findings.
- Preparing the witness, documenting the inquiry proceeding and evidences.
- Determining and identifying misconducts.
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WHO SHOULD ATTEND |
- Managing Directors
- General Managers
- HR/IR Directors, Managers, Officers and Executives
- Directors / Decision Makers
- Corporate / HR / IR Consultants
- Personnel / Training Managers
- Administrations Managers / Officers
- Compensations and Benefits Managers
- Payroll / Salary Administrators
- Those Handling Employee Relations
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METHODOLOGY |
- Lecture
- Group Discussion
- Case Studies
- Role Play
- Q&A
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DAY ONE |
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- What is MISCONDUCT
- Identify degree of offence
- The company’s - Do’s and Don’ts
- “Inquiry” – the requirements of E .A. 1955
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PRINCIPLES OF NATURAL JUSTICE | |
- Its requirements
- Deviation of principles – its consequences
- The right of being heard
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HANDLING TERMINATION CASES | |
- Reasons and Causes
- Various Form of Termination
- Termination and Dismissal
- Deliberation
- Avoiding pitfalls
- Proper Procedures
- Court Citation and Views
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2:00 |
PREPARATION FOR CASE | |
- Identify the “case” (Bona fide)
- The background /build-up of case
- Drafting of charge sheet
- Notice of Inquiry
- Inquiry venue – set up
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PREPARATION FOR A DOMESTIC INQUIRY | |
- Appointment of the panel members- criteria
- Preparing the witness and exhibits
- The prosecution/presenting officer – preparation
- The roles and functions of the panel, witness and prosecution
- The role of the Chairman of the inquiry panel:
- Opening - Introduction of panel - Evidence adduced at the inquiry - Case process - Concluding the case |
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- Preparation for the next day
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DAY TWO |
9:00 |
REINFORCE ON YESTERDAY’S MATTERS | |
- The basic requirements
- The roles for all participants
- Proving/guilty offence
- Suspension
- Ex-parte cases
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DOMESTIC INQUIRY - Practical | |
- Mock Inquiry – Practical Hands-on
- The line of questioning – leading questions?
- The plea – on the charge(S)
- Status of Guilty/Not Guilty plea
- Presentation of the charges
- Circumstances to produce witness and exhibit
- Recording of Inquiry Notes
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- Panels’ finding
- Human Resources recommendations– penalty
- Authorities to decide?
- Mode of recommendation – reference to past and similar cases in Court
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BRAINSTORM ON THE MOCK CASE | |
- Identify the shortcoming and defect (Inquiry)
- To introduce corrective measures and suggest improvements
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IMPROPER DOMESTIC INQUIRY | |
- It’s legal and technical effects
- Citations on past cases from Industrial Court
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- Appeals
- Avenues under IRA 67
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