Notice of Disciplinary Hearing

What is it? A formal document notifying an employee that they are required to attend a disciplinary hearing.

When to use it:

• When an employee has potentially committed misconduct that requires formal disciplinary action
• When you need to provide an employee with details of allegations against them
• When giving the employee sufficient notice to prepare for the hearing (typically 48 hours minimum per South African labour law)

Key elements:

• Clear description of the alleged misconduct
• Date, time, and location of the hearing
• Employee’s rights, including representation and presenting evidence
• Potential consequences if allegations are proven

Legal considerations:

• Complies with Schedule 8 of the Labour Relations Act (Code of Good Practice)
• Ensures procedural fairness in disciplinary proceedings
• Allows sufficient time for the employee to prepare a defense

Disciplinary Hearing Chairperson’s Guide/Checklist

What is it? A comprehensive guide for the person chairing a disciplinary hearing.

When to use it:

• When preparing to chair a disciplinary hearing
• To ensure procedural fairness throughout the hearing process
• To maintain a structured approach to the hearing in line with South African labour law requirements

Key elements:

• Step-by-step procedural guide
• Opening statement template
• Questions to consider during the process
• Guidance on evaluating evidence
• Tips for maintaining impartiality

Legal considerations:

• Ensures compliance with the Labour Relations Act
• Follows principles of natural justice
• Reduces risk of CCMA referrals or findings of procedural unfairness

Notice of Suspension

What is it? A document notifying an employee that they are temporarily suspended from duty.

When to use it:

• When an employee is suspected of serious misconduct requiring investigation
• When the employee’s presence might interfere with the investigation
• When there’s a risk to company property, other employees, or evidence
• As a precautionary measure before formal disciplinary proceedings

Key elements:

• Reason for suspension (investigation pending)
• Duration of suspension (if known)
• Status of pay during suspension (typically paid in South Africa)
• Restrictions during suspension period
• Next steps in the process

Legal considerations:

• South African labour law typically requires suspension to be on full pay
• The employer must have a valid reason for suspension
• The suspension should be for a reasonable duration
• Pre-suspension hearing may be required in some circumstances

Warning Letters

What is it? Formal notices issued to employees regarding misconduct or performance issues.

When to use it:

• Verbal Warning: For minor first-time offences, documented but delivered verbally
• Written Warning: For repeated minor misconduct or more serious offences
• Final Written Warning: For serious misconduct or when previous warnings haven’t led to improvement

Key elements:

• Description of the misconduct/issue
• Reference to any previous warnings
• Expected improvements/changes in behaviour
• Timeframe for the warning to remain active (typically 6-12 months in South Africa)
• Consequences of further misconduct

Legal considerations:

• Progressive discipline as required by Schedule 8 of the Labour Relations Act
• Warnings must be related to the specific misconduct
• Warnings should have an expiry date
• Employee should acknowledge receipt of the warning

Dismissal Letter

What is it?

What is it? A formal document terminating an employee’s employment.

When to use it:

• For Misconduct: Following a disciplinary hearing where serious misconduct was proven
• For Incapacity: After incapacity procedures when an employee cannot perform duties
• For Operational Requirements: Following proper consultation process for retrenchment

Key elements:

• Clear statement of termination
• Reason for dismissal with supporting facts
• Reference to relevant processes followed
• Notice period or payment in lieu of notice
• Final payment details
• Return of company property requirements
• Right to refer disputes to CCMA/Bargaining Council within 30 days

Legal considerations:

• Must comply with the Labour Relations Act (substantive and procedural fairness)
• Notice periods as per Basic Conditions of Employment Act
• Must include information about the employee’s right to dispute the dismissal
• Different processes apply for misconduct, incapacity, and operational requirements dismissals

Disciplinary Outcome & Recommendation

What is it? A document detailing the results of a disciplinary hearing and recommended actions.

When to use it:

• After concluding a disciplinary hearing
• To document findings and sanction decisions
• To provide a formal record of the proceedings and outcome

Key elements:

• Summary of allegations and proceedings
• Findings on each charge (guilty/not guilty)
• Reasoning for the findings
• Mitigating and aggravating factors considered
• Sanction imposed (warning, dismissal, etc.)
• Recommendations for improvement if applicable
• Employee’s right to appeal (typically 3-5 working days in South Africa)

Legal considerations:

• Creates evidence of a fair process for potential CCMA cases
• Should demonstrate that the chairperson considered all evidence
• Must show that the sanction is appropriate to the misconduct
• Should refer to company policies and procedures that were violated