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:

Expertise in Employment Law

Our consultants have a deep understanding of South African employment law and the disciplinary hearing process. We stay up-to-date with the latest legal developments to ensure that disciplinary hearings are conducted in compliance with applicable legislation.
Impartiality and Objectivity
As independent chairpersons, we bring impartiality and objectivity to the disciplinary hearing. This ensures a fair and unbiased process, giving both employers and employees confidence in the proceedings.

Legal Compliance
Our chairing services ensure that your disciplinary hearings adhere to the requirements of the LRA and other relevant legislation. By following proper procedures, the risk of disputes and legal challenges is minimized.

Enhanced Efficiency
Our experienced consultants streamline the disciplinary hearing process, facilitating efficient resolution of the matter. We guide the proceedings, ensure adherence to timelines and help maintain order and decorum.

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:

The right to receive a notice with enough time to prepare

The right to be heard
The right to representation
The right to an interpreter
The right to appeal

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:

1

Investigation

2

Notification
3

Disciplinary hearing
4

Outcome
5

Appeal

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.

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