Disciplinary hearings are a critical part of workplace justice, but for many employees and employers, the process can feel daunting. Understanding the basic steps and rights involved can make all the difference.
In South Africa, disciplinary hearings must follow a fair procedure under the Labour Relations Act. This requires employers to notify employees of the allegations against them in writing. The employer must also allow the employee adequate time to prepare. The notice period is generally 48 hours.
The employee has the right to call witnesses and request representation from a fellow employee. The employer must ensure that a proper investigation is conducted before the hearing. It is in the best interests of the employer to appoint an impartial chairperson to preside over the proceedings.
The proceedings of the hearing should be recorded in writing. Once the hearing is concluded, the employee must be notified of the outcome in writing, whether that be dismissal, a warning for misconduct, or a finding of not guilty.
If the employer has an internal appeal process, the employee has the right to appeal the decision made by the chairperson. Thereafter, the employee may refer the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) or to a relevant bargaining council.
Where the outcome of the hearing is summary dismissal, both procedural and substantive fairness must apply. Procedural fairness means the employee was properly notified and given adequate opportunity to attend the hearing. Substantive fairness requires that there be a fair reason for the dismissal, in accordance with the employer's disciplinary code or policy.
For employees, thorough preparation is essential. One of the most effective ways to prepare is to gather all relevant documentary evidence, including emails, WhatsApp messages and any other correspondence. Such evidence should be collated and presented at the disciplinary hearing.
In September 2025, the Minister of Employment and Labour published a new code of practice relating to dismissal. The code reminds employers that dismissal should always be a last resort, to be considered only when the employment relationship has become intolerable.
The code also acknowledges that a small business cannot be expected to have the same formal human resources processes as a large enterprise. As long as the employee is clearly informed of the allegations and given a fair chance to respond, a less formal process may still be considered fair.