DISCIPLINARY HEARING
⚖️ 1. Purpose of a Disciplinary Hearing
A disciplinary hearing is a formal process where an employer gives an employee the opportunity to respond to allegations of misconduct or poor performance before any disciplinary action (like a warning, suspension, or dismissal) is taken.
It ensures fairness and due process, protecting both employer and employee rights.
🧩 2. Steps in a Disciplinary Hearing Process
Step 1: Investigation
Before a hearing, the employer must investigate the alleged misconduct.
They must:
Gather evidence (documents, CCTV, witness statements, etc.)
Interview witnesses if necessary.
Decide whether there’s enough evidence to justify formal disciplinary action.
🔸 Your Right: You have the right not to be accused or disciplined without a fair and proper investigation.
Step 2: Notice of Disciplinary Hearing
Once the employer decides to proceed, they must issue a written notice of disciplinary hearing — usually at least 48 hours before the hearing (excluding weekends or public holidays).
The notice must include:
The allegations (charges) against you.
The date, time, and venue of the hearing.
The possible consequences (e.g., dismissal).
Your right to representation.
The name of the chairperson (if known).
🔸 Your Right:
You must receive enough time to prepare and understand the charges. You may ask for postponement if you need more time.
Step 3: Representation
You are allowed to be represented by:
A fellow employee, or
A trade union representative (if applicable).
(Legal representation is usually not allowed unless agreed by both parties or permitted by the chairperson.)
🔸 Your Right:
You have the right to representation — someone to help you present your case, cross-examine witnesses, and ensure procedural fairness.
Step 4: The Hearing Itself
During the hearing, a neutral chairperson (someone not involved in the case) leads the process.
The hearing follows a fair and structured format:
Opening and introduction by the chairperson.
Reading of charges — the employer outlines the allegations.
Employee’s plea — you plead guilty or not guilty.
Employer’s case — they present evidence and call witnesses.
Cross-examination — you (or your representative) question the employer’s witnesses.
Employee’s case — you present your version and call your own witnesses.
Cross-examination — the employer questions your witnesses.
Closing arguments — both sides summarize their cases.
Chairperson deliberates privately and makes a decision.
🔸 Your Rights During the Hearing:
The right to be heard and defend yourself.
The right to present evidence and witnesses.
The right to cross-examine employer’s witnesses.
The right to an impartial chairperson.
The right to understand proceedings (use of interpreter if needed).
Step 5: The Chairperson’s Findings
After reviewing all evidence, the chairperson makes a finding:
Guilty or Not Guilty on the charges.
The decision must be based on evidence, not assumptions.
🔸 Your Right:
To receive the finding in writing, with reasons for the outcome.
Step 6: Sanction (Penalty)
If found guilty, the chairperson decides on a suitable disciplinary action, considering:
The seriousness of the offence.
Any previous warnings.
Your length of service and record.
Mitigating (factors in your favour) and aggravating (factors against you) circumstances.
Possible outcomes include:
Verbal or written warning
Final written warning
Suspension without pay
Dismissal
🔸 Your Right:
The sanction must be proportionate and consistent with how similar cases were handled.
Step 7: Communication of Outcome
You must receive:
A written outcome of the hearing, and
An explanation of your right to appeal (if the policy allows).
🔸 Your Right:
You can appeal internally if you believe the process was unfair or the decision unreasonable.
Step 8: If Dismissed
If you are dismissed, the employer must provide:
A written notice of dismissal.
Reasons for dismissal.
Information about your right to refer the matter to the CCMA (Commission for Conciliation, Mediation and Arbitration) within 30 days.
🔸 Your Right:
To refer the matter to the CCMA for unfair dismissal if:
The hearing was not fair or properly conducted.
The decision was not based on valid reasons.
You were treated inconsistently compared to others.
🛡️ Summary of Employee Rights at a Disciplinary Hearing
Right Description
Fair Procedure Hearing must follow proper process before any disciplinary action.
Advance Notice You must be informed of the hearing in writing, in time to prepare.
Representation You may have a colleague or union rep assist you.
Be Heard You have the right to explain your side of the story.
Present Evidence You can call witnesses or show documents.
Cross-Examine You can question the employer’s witnesses.
Impartial Chairperson The person deciding the case must be neutral.
Written Outcome You must receive the decision in writing.
Appeal/CCMA You can challenge the outcome internally or at the CCMA.
💡 Tip from Ubuntu Labour Support
If you feel your hearing was unfair or you were dismissed without following due process, you can contact Ubuntu Labour Support for assistance.
We help employees prepare CCMA cases, understand their rights, and receive affordable representation.
A disciplinary hearing is a formal process where an employer gives an employee the opportunity to respond to allegations of misconduct or poor performance before any disciplinary action (like a warning, suspension, or dismissal) is taken.
It ensures fairness and due process, protecting both employer and employee rights.
🧩 2. Steps in a Disciplinary Hearing Process
Step 1: Investigation
Before a hearing, the employer must investigate the alleged misconduct.
They must:
Gather evidence (documents, CCTV, witness statements, etc.)
Interview witnesses if necessary.
Decide whether there’s enough evidence to justify formal disciplinary action.
🔸 Your Right: You have the right not to be accused or disciplined without a fair and proper investigation.
Step 2: Notice of Disciplinary Hearing
Once the employer decides to proceed, they must issue a written notice of disciplinary hearing — usually at least 48 hours before the hearing (excluding weekends or public holidays).
The notice must include:
The allegations (charges) against you.
The date, time, and venue of the hearing.
The possible consequences (e.g., dismissal).
Your right to representation.
The name of the chairperson (if known).
🔸 Your Right:
You must receive enough time to prepare and understand the charges. You may ask for postponement if you need more time.
Step 3: Representation
You are allowed to be represented by:
A fellow employee, or
A trade union representative (if applicable).
(Legal representation is usually not allowed unless agreed by both parties or permitted by the chairperson.)
🔸 Your Right:
You have the right to representation — someone to help you present your case, cross-examine witnesses, and ensure procedural fairness.
Step 4: The Hearing Itself
During the hearing, a neutral chairperson (someone not involved in the case) leads the process.
The hearing follows a fair and structured format:
Opening and introduction by the chairperson.
Reading of charges — the employer outlines the allegations.
Employee’s plea — you plead guilty or not guilty.
Employer’s case — they present evidence and call witnesses.
Cross-examination — you (or your representative) question the employer’s witnesses.
Employee’s case — you present your version and call your own witnesses.
Cross-examination — the employer questions your witnesses.
Closing arguments — both sides summarize their cases.
Chairperson deliberates privately and makes a decision.
🔸 Your Rights During the Hearing:
The right to be heard and defend yourself.
The right to present evidence and witnesses.
The right to cross-examine employer’s witnesses.
The right to an impartial chairperson.
The right to understand proceedings (use of interpreter if needed).
Step 5: The Chairperson’s Findings
After reviewing all evidence, the chairperson makes a finding:
Guilty or Not Guilty on the charges.
The decision must be based on evidence, not assumptions.
🔸 Your Right:
To receive the finding in writing, with reasons for the outcome.
Step 6: Sanction (Penalty)
If found guilty, the chairperson decides on a suitable disciplinary action, considering:
The seriousness of the offence.
Any previous warnings.
Your length of service and record.
Mitigating (factors in your favour) and aggravating (factors against you) circumstances.
Possible outcomes include:
Verbal or written warning
Final written warning
Suspension without pay
Dismissal
🔸 Your Right:
The sanction must be proportionate and consistent with how similar cases were handled.
Step 7: Communication of Outcome
You must receive:
A written outcome of the hearing, and
An explanation of your right to appeal (if the policy allows).
🔸 Your Right:
You can appeal internally if you believe the process was unfair or the decision unreasonable.
Step 8: If Dismissed
If you are dismissed, the employer must provide:
A written notice of dismissal.
Reasons for dismissal.
Information about your right to refer the matter to the CCMA (Commission for Conciliation, Mediation and Arbitration) within 30 days.
🔸 Your Right:
To refer the matter to the CCMA for unfair dismissal if:
The hearing was not fair or properly conducted.
The decision was not based on valid reasons.
You were treated inconsistently compared to others.
🛡️ Summary of Employee Rights at a Disciplinary Hearing
Right Description
Fair Procedure Hearing must follow proper process before any disciplinary action.
Advance Notice You must be informed of the hearing in writing, in time to prepare.
Representation You may have a colleague or union rep assist you.
Be Heard You have the right to explain your side of the story.
Present Evidence You can call witnesses or show documents.
Cross-Examine You can question the employer’s witnesses.
Impartial Chairperson The person deciding the case must be neutral.
Written Outcome You must receive the decision in writing.
Appeal/CCMA You can challenge the outcome internally or at the CCMA.
💡 Tip from Ubuntu Labour Support
If you feel your hearing was unfair or you were dismissed without following due process, you can contact Ubuntu Labour Support for assistance.
We help employees prepare CCMA cases, understand their rights, and receive affordable representation.