Disciplinary hearing in South Africa: steps for a fair process
5 min read · General information, not legal advice
Quick answer
A fair disciplinary process under Schedule 8 of the Labour Relations Act means telling the employee the allegations in a language they understand, giving them reasonable time to prepare, letting them respond with help from a co-worker or union representative, and telling them the outcome and reasons.
Before the hearing
Investigate first. Give the employee written notice of the charges, the date and their rights, usually at least 48 hours in advance.
At the hearing
An impartial chairperson hears both sides. The employee may bring a fellow employee or shop steward, call witnesses and question the employer's witnesses.
Choosing the outcome
Dismissal for a first offence is usually only fair for serious misconduct such as dishonesty, assault or gross negligence. Otherwise, use progressive discipline: a verbal warning, then a written warning, then a final written warning.
If the employee disagrees
They can refer an unfair dismissal dispute to the CCMA within 30 days of the dismissal.
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Frequently asked questions
Can I bring a lawyer to a disciplinary hearing?
Usually not. The Code allows a fellow employee or union representative; legal representation is only allowed if the disciplinary code or the chairperson permits it.
How long before a hearing must notice be given?
Long enough to prepare. At least 48 hours is common practice.
How long do I have to go to the CCMA?
30 days from the date of dismissal.
