What makes a disciplinary hearing procedurally fair?
The 2025 Code of Good Practice: Dismissal says that, usually, the employee should be told of the allegations, preferably in writing and in enough detail to understand them; given a reasonable time to prepare and to make representations on the allegations and the sanction; allowed the assistance of a fellow employee or trade union representative; and, where reasonably possible, allowed to use a language they are comfortable with. The enquiry need not be formal.
- Legal basis
- Code of Good Practice: Dismissal (2025) IN FORCE
- Labour Relations Act 66 of 1995, s188 IN FORCE
- What to do
- Write the charge plainly, record the hearing and keep the outcome consistent with how similar cases were treated. Fair procedure without a fair reason still fails, and so does the reverse.
- When to escalate
- As a matter of good practice, use an independent chairperson where senior managers are involved or the matter is likely to reach the CCMA. The Code itself does not prescribe who must chair.
- Sources
