A disciplinary hearing is the formal meeting at which your employer investigates and decides whether you committed misconduct and what penalty to impose. You have the right to be heard, to be assisted by a fellow employee or union representative, to question the evidence against you, and to appeal an outcome you believe is unfair. Under the Labour Relations Act 66 of 1995, a dismissal is only fair if it is both substantively fair, for a valid reason, and procedurally fair, following a fair process.
This guide answers the questions employees actually ask before a disciplinary hearing, in the order they usually arise. It is grounded in the Labour Relations Act and the Code of Good Practice: Dismissal in Schedule 8 of that Act, which courts and the CCMA use to measure fairness.
Before the Hearing
What is a disciplinary hearing, and why was I called to one?
It is a formal inquiry into alleged misconduct or poor performance. Your employer must tell you the allegations against you in enough detail to prepare, normally in a written notice that states the time, date, and charges. The hearing exists to test the evidence before any decision, not to rubber-stamp a decision already made.
Do I have to attend?
Yes, you should. If you fail to attend without a valid reason, the hearing may continue in your absence and a decision can be made on the evidence available. That almost always ends worse for you. If you cannot attend on the set date, ask for a postponement in writing before the hearing and give your reason.
Who may assist or represent me?
At an internal disciplinary hearing, the default right is to be assisted by a fellow employee or a union representative. There is no general right to a lawyer at internal hearings, though some disciplinary codes or exceptional circumstances allow it. You may also present your own case, call witnesses, and address the chairperson.
At the Hearing
What actually happens in the hearing?
The chairperson confirms the charges, the employer presents its evidence and witnesses, you may cross-question each witness, and then you present your side. You make closing remarks, and the chairperson decides on guilt and, if guilty, on the sanction. You are entitled to a written outcome.
Do I have to prove I am innocent?
No. The employer must prove the allegations on a balance of probabilities. Your job is to test that evidence and give your version. Stay factual: dates, documents, messages, and witnesses beat emotion every time.
Will I automatically be dismissed?
No. Schedule 8 of the Labour Relations Act requires the penalty to fit the offence. Progressive discipline, warnings for first or minor offences, is the norm, and dismissal is reserved for serious or repeated misconduct. Your disciplinary record, length of service, and personal circumstances must be considered.
What is the anxiety question nobody asks out loud: what if the employer has already decided?
A pre-decided outcome is a procedural defect you can raise. Ask the chairperson, on record, to confirm they have an open mind. If the same person lays the charge, prosecutes it, and decides it, that is not automatically unfair, but bias is a ground to challenge the process later at the CCMA.
After the Hearing
Can I appeal, and how long do I have?
Most disciplinary codes allow an internal appeal, usually within a short window of a few days. If the internal route fails or is exhausted, you may refer an unfair dismissal dispute to the CCMA within 30 days of the dismissal. That 30-day deadline is strict, so diarise it immediately.
What does the CCMA actually test?
The commissioner asks two questions: was there a fair reason to dismiss, and was a fair procedure followed? A dismissal can be set aside with retrospective pay, or compensation, where either leg fails. Condonation for late referrals is possible but never guaranteed.
Common Mistakes to Avoid
- Not attending, or walking out. The hearing proceeds without you, on the employer’s version only.
- Admitting things to be cooperative. Listen first, understand the charge, and answer only what is asked.
- Signing documents unread. A signed written warning or final warning becomes your record.
- Losing your temper. Insolence at the hearing can become a separate charge.
- Missing the 30-day CCMA deadline. Late referrals need condonation, which is often refused.
- Resigning in the heat of the moment. Resignation usually ends the unfair dismissal claim before it starts.
Get help with your disciplinary hearing. If you are facing a hearing or have already been dismissed, Otrebski Attorneys’ labour team can prepare you, review the charges, and protect your rights. Call 060 500 3098 or book an appointment before the hearing, not after.
Frequently Asked Questions
Can I refuse to attend a disciplinary hearing?
You can, but it is a serious mistake. The hearing may proceed in your absence and a decision will be made on the employer’s evidence alone. If you cannot attend on the scheduled date, request a postponement in writing beforehand.
Can I bring a lawyer to my disciplinary hearing?
The default right is to be assisted by a fellow employee or union representative. A lawyer is allowed only if the employer’s disciplinary code permits it or exceptional circumstances exist, so check the policy first.
What makes a dismissal procedurally fair in South Africa?
The employee must be told the allegations in advance, given time to prepare, heard at a hearing, allowed assistance, allowed to question evidence and present a defence, and given a written outcome with an appeal route. Schedule 8 of the Labour Relations Act sets the standard.
How long do I have to refer an unfair dismissal to the CCMA?
Thirty days from the date of dismissal. The referral must be delivered within that window, using the CCMA referral form, or condonation for lateness will be required and is often refused.
Does every disciplinary hearing end in dismissal?
No. The Code of Good Practice requires progressive discipline, so warnings are the norm for minor or first offences. Dismissal must be reserved for serious misconduct or repeated offences, and personal circumstances must be considered.
Disclaimer. This article is general information, not legal advice for a specific workplace matter. Confirm the applicable rules with the CCMA or an admitted attorney, and read your employer’s disciplinary code, which may add to these minimum standards.