A disciplinary hearing is where a dismissal is won or lost. Get the procedure right and a fair dismissal stands; get it wrong and the CCMA will overturn it, however serious the misconduct. We chair hearings, draft the charges, and make sure the process holds up — for South African employers.
Most employers who lose an unfair dismissal case at the CCMA did not lose on the facts — they lost in the disciplinary hearing. Under South African law a dismissal must be both substantively fair (there was a valid reason and dismissal was appropriate) and procedurally fair (a fair process was followed). The hearing is where procedural fairness is built or broken, and where the written record that later defends you is created. A real case of misconduct, run through a defective hearing, becomes an unfair dismissal. That is why the hearing matters more than almost anything else you will do.
Before anyone is charged, gather the evidence: statements, documents, CCTV, system records. The investigation decides whether there is a case to answer and what the charges should be. Charging first and investigating later is how employers end up unable to prove their own allegations.
The employee receives written notice — commonly at least 48 hours — setting out the specific charges, the date, time and venue, and their rights: to be represented by a fellow employee or shop steward, to call and cross-examine witnesses, and to an interpreter. Vague charges (“misconduct”) are a common and fatal error; charges must be specific enough to answer.
Where the employee’s presence could interfere with the investigation or witnesses, a precautionary suspension on full pay may be appropriate — it is not a punishment and must be handled correctly.
An impartial chairperson — never the complainant or a witness — hears the evidence from both sides. The employer’s case is presented by an initiator; the employee states their case, calls witnesses and cross-examines. Everything is minuted.
The chairperson decides guilt on the evidence, and only then considers sanction — taking into account the seriousness of the offence, the employee’s record, consistency with comparable cases, and whether the trust relationship has broken down.
The outcome is confirmed in writing. Where your code provides for an internal appeal, the employee is told how to exercise it. This paper trail — notice, minutes, outcome — is exactly what wins the matter if it is later referred to the CCMA.
For a fuller walk-through, see our guide on how to run a disciplinary hearing and the difference between poor performance and misconduct — two processes that are often confused, with costly results.
If you would rather run hearings in-house, our Disciplinary Pack gives you the full toolkit — disciplinary code, notice of hearing and charge sheet, suspension letter, minutes template, outcome and warning letters — drafted the way we would want them if we had to defend them. We also run “Chairing a Disciplinary Hearing” training for managers and HR, so your own people can run a hearing that stands up. Ask us about a training session for your team.
The employee must be told the allegations and given a real chance to respond before you decide to dismiss. For serious or contested misconduct that normally means a formal hearing. Skipping the process usually makes the dismissal procedurally unfair, even where the misconduct is real.
An impartial person not involved in the incident or investigation — a manager from another department, or an independent external chairperson. Never the complainant or a witness.
Reasonable written notice, commonly at least 48 hours, with the specific charges and their rights set out.
Usually no. Internal hearings normally allow a fellow employee or union representative, not an external attorney, unless your code allows it or the matter is genuinely complex.
Yes, for serious misconduct that breaks the trust relationship — theft, fraud, assault, gross dishonesty. The sanction must fit the offence and be consistent.
The cheapest moment to get a dismissal right is before the hearing, not after a referral. If you are about to discipline someone — or you already have a hearing set down — talk to us first. The first conversation is free.
This page is general information about South African labour law and is not legal advice for your specific matter. Speak to us about your facts.