Disciplinary hearings are a formal process used by employers to address alleged misconduct or poor performance by employees. The purpose of a disciplinary hearing is to determine whether the employee's behaviour or performance warrants disciplinary action, and if so, what the appropriate action should be.
Disciplinary hearings in South Africa are governed by the Labour Relations Act (LRA) and the Code of Good Practice on Dismissal. These laws set out the procedures that employers must follow when conducting disciplinary hearings and the rights of employees who are subject to disciplinary action.
Services We Provide
We understand the challenges that employers face while conducting fair and legally compliant disciplinary hearings. We offer professional chairing services that can benefit both employers and employees in several ways:
Our consultants provide assistance to companies by discussing and advising whether offences are severe enough to be escalated to a disciplinary hearing, formulation of the charges for the offence, drafting of suspension letters, notice to attend disciplinary hearings as well as notice of dismissals, should the accused employee be found guilty and dismissal is in line with the Companies code of conduct.
We guide and lead the whole disciplinary hearing process, to ensure compliance with the LRA and the Code of Good Practice on Dismissal, as well as reporting on the proceedings of the disciplinary hearing with reference to relevant case law. We further also assist with the correct documentation that needs to be presented after the disciplinary hearing like a certificate of service and completion of UI19 forms.
Employee Rights in Disciplinary Hearings
Employees who are subject to disciplinary action have certain rights that are protected under South African law. These rights include:
Disciplinary Procedures in the Workplace
Employers are required to follow a fair and consistent disciplinary procedure when taking disciplinary action against an employee. This includes:
Thorough Investigation and Evidence Gathering
Before initiating a disciplinary hearing, it is crucial that the employer conducts a thorough investigation into the alleged misconduct. Gather all relevant evidence, including witness statements, documents and any other supporting material. This ensures that the employer will have a foundation and substantiated case for the disciplinary hearing.
Compliance with Legal Procedures
It is important to ensure that disciplinary hearings comply with the requirements set forth in the LRA and other applicable legislation. Thus it is critical that both employers and employees themselves with the relevant procedures, e.g. such as providing written notice to the employee, allowing the employee to be represented and conducting a fair and unbiased hearing. Adhering to these legal requirements mitigates the risk of procedural unfairness and strengthens your case.
Effective Communication between the Employer and the Employee
Clear and transparent communication is vital throughout the disciplinary process. By providing an employee with written notice of the allegations, this ensures legal compliance from the employer’s side and enables an employee sufficient time to prepare, etc. Engaging in open dialogue, allows the employer and employee to present their sides of the story and respond to the charges and/or allegations. This fosters fairness, encourages employee cooperation and minimizes potential disputes.
Impartial Chairing of Disciplinary Hearings
The role of a chairperson during a disciplinary hearing is critical. An impartial and knowledgeable chairperson can ensure that the proceedings are conducted fairly, within legal parameters and in accordance with company policies. Employing an experienced consultant to chair the disciplinary hearing can offer several advantages, including expertise in South African employment law, objectivity and the ability to maintain a neutral stance throughout the process.
Disciplinary Hearings
The Labour Consultants Group offers a wide range of services to their clients and all services are offered with the highest professionalism with the client's interest at the fore.
4.1 Rating
Resolve Employee Misconduct Legally in 24 Hours Without Ending Up at the CCMA
Flawed hearings lead to lawsuits. Our experts ensure you’re legally compliant and protected.
Trusted by over 420 clients
Trying to run your own hearings?
You’ll face:
Sound familiar? It’s not worth the risk.
DISCIPLINARY HEARING OUTCOMES IN 24 HOURS
Disciplinary Hearings Done Right From Start to Finish
Tired of guessing your way through misconduct cases? We give you a step-by-step process that’s legal, fair, and fast.
Trusted by over 420 clients
DISCIPLINARY HEARING OUTCOMES IN 24 HOURS
Prevent Disputes Before They Happen
Our system protects you from mistakes that lead to costly legal battles.
Trusted by over 420 clients
DISCIPLINARY HEARING OUTCOMES IN 24 HOURS
You Focus on Business We Manage the Staff
From charge sheet to dismissal outcome.
Trusted by over 420 clients
Get Misconduct Handled Legally and Fast Without Backlash
No guessing. No bias. No unnecessary legal risks. Streamlined, professional hearing process that protects your business.
Experts in Misconduct & Dismissal Law
Our consultants live and breathe labour law. We know the rules and how to apply them to protect your business.
Zero Room for Legal Errors
We follow a rock-solid process to avoid procedural missteps that employees use against you at the CCMA.
Unbiased Hearing Leadership
We assign third-party chairpersons so your managers don't have to sit in judgment, ensuring fairness and neutrality.
Support from Start to Finish
You’re never left in the dark. We guide you through every phase of the process, including investigations and suspension notices.
Full Paper Trail, Every Time
We don’t just run the hearing, we provide you with detailed reports, transcripts, and dismissal documents if needed.
Fixed Rate or Retainer Options
We offer flat-rate pricing or cost-effective retainers so you always know what you’re paying for - no surprises.
Simple. Legal. Done in 3 Easy Steps.
Handling disciplinary issues shouldn’t feel like walking through a legal minefield. We’ve simplified the entire process so you can get it right fast, fair, and stress-free.
1
Book a Call or Submit Case Details
We assess your case and determine if it qualifies for a disciplinary hearing or needs another route.
2
We Prepare Everything for You
From drafting charges and suspension letters to sending out notices—we handle the full setup.
3
We Chair the Hearing & Handle the Aftermath
Our legal experts chair the hearing, provide outcome documentation, and advise on next steps (like dismissals or warnings).
4.1 Rating
From Misconduct to Outcome in 24 Hours. We Make the Process Bulletproof.
Don’t let employee issues turn into CCMA disasters. We guide the process from charge to closure
Trusted by over 420 clients
