LLexiSA

Labour Law

Disciplinary Hearings at Work

Before dismissing for misconduct, an employer must conduct a fair process. Schedule 8 of the LRA (Code of Good Practice: Dismissal) requires an investigation, notice of the allegations in a form the employee can understand, a reasonable opportunity to prepare and respond, and the right to assistance by a fellow employee or shop steward.

Key facts

  • You are entitled to know the charges in advance and be given reasonable time to prepare (usually at least 48 hours).
  • You may be assisted by a co-employee or union representative — external lawyers are not a default right.
  • Dismissal should be reserved for serious misconduct or repeated offences after warnings.
  • The standard of proof is a balance of probabilities, not beyond reasonable doubt.

The law that applies

  • Labour Relations Act 66 of 1995 — Schedule 8, items 3–4, 7

Leading cases

Avril Elizabeth Home v CCMA [2006] 9 BLLR 833 (LC)

A fair pre-dismissal procedure is a dialogue and opportunity to respond — not a formal criminal trial.

Sidumo v Rustenburg Platinum Mines Ltd [2007] ZACC 22

The fairness of the sanction is assessed by the commissioner, considering the totality of circumstances.

Practical steps

  1. Request the charges in writing and all documents the employer will rely on.
  2. Prepare your version, gather witnesses and supporting evidence.
  3. Attend, answer the charges, and mitigate on sanction if found guilty.
  4. If dismissed, use any internal appeal, then refer to the CCMA within 30 days.

Frequently asked questions

Can I refuse to attend a disciplinary hearing?

You can, but the hearing may proceed in your absence and a sanction can still be imposed. It is almost always better to attend and state your case.

Can I bring a lawyer to my disciplinary hearing?

Only if your employer's disciplinary code allows it or the chairperson permits it in a complex matter. The default right is assistance by a fellow employee or shop steward.

How does this apply to your situation?

Ask LexiSA. It will gather your facts, apply the law above, and give you a cited assessment of your position — free.

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This guide is legal information, not legal advice, and may not reflect amendments after its last review. For advice on your specific circumstances, consult a practising attorney.