Labour Law

Running a fair disciplinary hearing as an employer

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When an employee is accused of misconduct, many small business owners act quickly out of frustration. Unfortunately, a dismissal can be found unfair at the CCMA even when the reason was valid, simply because the procedure was not followed. A fair disciplinary process protects the business and gives the employee a proper chance to respond to the allegations.

In general, the employee should receive written notice of the charges, reasonable time to prepare and the right to be assisted by a colleague or union representative. The chairperson should be impartial and decide based on the evidence. Keep clear records of every step. We can review your disciplinary code or guide you through a specific case.