Labour-law questions, answered.
Common questions from South African employers — on disciplinary hearings, the CCMA, retrenchment, incapacity and more.
Disciplinary hearings
Do I need an external chairperson for every disciplinary hearing?
No. For minor matters an internal chairperson is fine. An independent chairperson is most valuable for serious or complex cases, dismissals, senior employees, or where you expect the matter to end up at the CCMA.
What happens if the employee refers the dismissal to the CCMA?
A dismissed employee can refer an unfair-dismissal dispute, generally within 30 days. A properly chaired hearing with clear charges and a reasoned outcome puts you in the strongest possible position to defend it.
Can a poorly run hearing be overturned even if the employee was guilty?
Yes. An unfair process can render a dismissal unfair even where there was a valid reason — which is exactly why the procedure matters as much as the facts.
How quickly can you chair a hearing?
Timing depends on the complexity of the matter and the notice the employee is entitled to. Book a consultation and we will map out a realistic, compliant timeline.
CCMA representation
How long does an employee have to refer a dispute to the CCMA?
Generally 30 days from the date of dismissal for unfair-dismissal disputes. Late referrals require the employee to apply for condonation, which is not automatic.
Can an employer be represented at the CCMA?
Yes. While legal representation at arbitration can be subject to the commissioner's discretion in some matters, employers can be represented and prepared by a labour-law specialist throughout conciliation and arbitration.
What is the difference between conciliation and arbitration?
Conciliation is an informal, without-prejudice attempt to settle. Arbitration is a formal hearing where evidence is led and the commissioner issues a binding award.
What happens if we lose at arbitration?
An adverse award can order compensation or reinstatement. Awards can in limited circumstances be reviewed by the Labour Court, but review is narrow — which is why getting arbitration right the first time is essential.
Incapacity
Is incapacity the same as misconduct?
No. Misconduct involves fault and is handled through discipline. Incapacity involves an employee who genuinely cannot perform — through ill health or inability — and must be handled through a fair, supportive process.
Can I dismiss an employee who is too ill to work?
Possibly, but only after a fair process: medical evidence, consideration of reasonable accommodation, and exploring suitable alternatives. Skipping these steps risks an unfair-dismissal finding.
Do I need an independent chairperson for an incapacity hearing?
For serious or contested matters, yes — an impartial chairperson strengthens the fairness and defensibility of the outcome.
Restructures & retrenchment
What makes a retrenchment fair in South Africa?
Broadly, a genuine operational reason (substantive fairness) plus proper consultation and fair, objective selection (procedural fairness). Both must be present.
Can employees challenge a retrenchment at the CCMA?
Yes. An employee who believes the process was unfair can refer a dispute — which is why correct procedure matters from the outset.
How early should I involve a specialist?
As early as possible — ideally before any consultation begins — so the process is structured correctly from day one.
Contracts & policies
Are employment contracts legally required in South Africa?
Employees are entitled to written particulars of employment. Proper, industry-specific contracts protect both parties and reduce disputes.
Why do I need written policies if my team is small?
Because fair discipline depends on employees knowing the rules. Without documented policies, enforcing standards becomes far harder to defend.
Training
Do you offer custom training?
Yes — I build modules around your business's specific needs, from soft skills to disciplinary procedure.
Can you train both managers and general staff?
Yes. Managers get leadership and labour-law training; staff get grounding in the legislation governing their day-to-day rights and obligations.
HR / ER projects
Can I get HR help without a permanent hire?
Yes — that is the point of this service. Choose ad-hoc support or a fixed-term placement for the length of your project.
What does Labour Law Sherpa charge for placements?
For project placements, Labour Law Sherpa receives a finder's fee; the placed professional is employed by you for the project at a salary structured to your budget.