Disciplinary hearings
Getting a disciplinary hearing wrong is one of the most expensive mistakes a South African employer can make — a flawed process can be overturned at the CCMA even when the employee was clearly in the wrong. As an independent disciplinary hearing chairperson with over 20 years' experience and 1,000+ hearings chaired, I help employers run hearings that are fair, defensible and compliant with the Labour Relations Act.
Disciplinary hearing chairperson & guidance
Protect your business and keep the process fair. Employee discipline must be both procedurally and substantively fair under the South African Labour Relations Act. A single misstep can lead to costly CCMA awards. The code of good practice on dismissal was amended on the 4th of September 2025 to make it easier for small businesses to manage discipline. Having said that, one must first understand the complexity of the process, in order to simplify it.
How I will help
- Drafting clear charges and notices of hearing.
- Acting as an independent chairperson.
- Guiding management on evidence and representation.
- Preparing outcome letters and record-keeping.
Why it matters
Correct procedures protect you from reinstatement orders and reputational harm. A fair, well-handled hearing greatly reduces your exposure.
Common questions
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.
