Draft!: Disciplinary Hearing Outcome
Welcome to the Disciplinary Hearing Outcome Generator
This tool is designed to help employers or chairpersons draft a thorough and clear outcome document following a disciplinary hearing. It streamlines the process of recording the key facts, submissions, and final outcome of the hearing, ensuring compliance with basic procedural requirements under South African labour law.
How to Use the Generator
- Company Details & Logo: Begin by entering your company’s name and, if you wish, upload your company letterhead or logo.
- Hearing & Representation: Provide the date of the hearing, the name of the disciplinary chairperson, and details of who represented the company and the employee.
- Notice of Hearing: Indicate whether the employee was served with a disciplinary notice, how it was served, and whether sufficient notice (48 hours) was provided.
- Charges & Rights: Confirm that the employee’s charges and rights were explained and understood.
- Witnesses: Record how many witnesses were presented by each side and list them (comma-separated).
- Preliminary Issues (optional): If there were any pre-hearing applications (e.g., postponement, legal representation), note them here.
- Main Disciplinary Process: Summarize submissions from both the company and employee, provide an analysis of evidence, and determine an outcome.
- Appeal & Dispute Referral: Specify how many days the employee has to appeal internally, and note external referral timelines (30 days for unfair dismissal, 90 days for unfair labour practice).
Pointers on South African Labour Law
- Fair Procedure & Substantive Reasons: Under the Labour Relations Act (LRA), an employee’s dismissal or sanction must be both procedurally and substantively fair. Ensure the hearing is properly constituted and the charges are valid.
- Notice & Representation: Typically, employees should receive a written notice of the hearing (stating the charges) at least 48 hours before the hearing. Employees may be represented by a co-worker or union representative (subject to company policy or recognition agreements).
- Employee’s Rights: The employee has the right to understand the charges, present evidence, call witnesses, cross-examine the employer’s witnesses, and present mitigating factors before a sanction is decided.
- Sanctions: Depending on severity and the employee’s disciplinary record, sanctions can range from a written warning to summary dismissal for serious offences.
- Appeals & External Remedies: Employees generally have an internal right to appeal. If dismissed, an employee has 30 days to refer an unfair dismissal dispute to the CCMA or relevant Bargaining Council. If given a final written warning (or lesser sanction), the employee may refer an unfair labour practice dispute within 90 days.
By following the prompts in the Disciplinary Hearing Outcome Generator, you can produce a clear, concise, and compliant outcome document. Once you’ve completed the required fields, simply click the “Generate Outcome” button to download a PDF of your completed form.
Disclaimer: This generator and the brief pointers above do not constitute legal advice and are intended for informational purposes only. Please consult with a qualified attorney or labor law expert for detailed advice specific to your situation.
Disciplinary Hearing Outcome Generator
Notice of Disciplinary Hearing:
Main Disciplinary Process
(Fill these fields if the hearing proceeded)