How to run a disciplinary hearing as an employer

An employee has done something serious, or you suspect they have, and you need to deal with it properly. Perhaps you have never run a disciplinary hearing before. Perhaps you have, but a CCMA commissioner later picked it apart. Either way, the hearing is the part of a dismissal that employers most often get wrong, and it is almost entirely within your control.

This guide is part of our Labour law for employers: a practical guide for small businesses, which links every guide on the topic.

This guide is for employers and managers. It walks through the investigation, framing the charges, the notice, choosing a chairperson, the employee's rights, the hearing itself, sanction and record keeping, under the Code of Good Practice: Dismissal, 2025. It describes the law in general terms; for a serious or senior case, take advice from a labour attorney before you issue the notice, not after the referral arrives. The employee's side of the same process is covered in how a disciplinary hearing works.

What the Code requires, and what it does not

The Code of Good Practice: Dismissal, 2025 replaced Schedule 8 to the Labour Relations Act 66 of 1995 (LRA) from 4 September 2025. It describes the purpose of a fair procedure as giving the employee a genuine opportunity to respond before a decision is made. It expects notification of the allegations, preferably in writing; adequate time to prepare; the opportunity to be assisted by a fellow employee or union representative; and communication in a language the employee understands, where reasonably possible.

It does not require a courtroom. The Code says enquiries may be informal and should be proportionate to the seriousness of the allegation and the size of the employer. A small business dealing with a simple allegation can hold a short, structured meeting. A larger employer facing a dismissal-level charge should run something more formal. If you have a disciplinary code, follow it, because departing from your own procedure without good reason is itself evidence of unfairness. A collective agreement takes precedence over the Code.

Step 1: investigate before you charge

Decide what happened before deciding what to allege. Collect the documents, CCTV, system logs and messages. Take written statements from witnesses while memories are fresh, signed and dated. Ask the employee for an initial explanation if that will not compromise the evidence.

If the employee's presence could interfere with the investigation, you may suspend them pending the enquiry, but on full pay and for as short a period as possible. See suspension pending investigation.

The investigator gathers evidence; they should not later chair the hearing.

Step 2: frame the charges properly

A charge should tell the employee exactly what they are accused of: the conduct, the date, the place and the rule breached. Compare:

• Weak: "Gross misconduct."
• Better: "On 14 August 2026 at the Midrand branch, you removed two cartons of stock without authorisation, in breach of the stock control policy, clause 4."

Keep charges specific and few. Do not stack five overlapping charges for one incident. Where the facts could fit more than one description, you may frame an alternative charge, for example theft or, in the alternative, unauthorised possession. Charge the conduct you can prove, not the conduct you suspect.

Step 3: give proper notice

The notice of the hearing should state:

• the charges, in the detail above
• the date, time and place of the hearing
• the name of the chairperson
• the employee's right to be assisted by a fellow employee or a shop steward, and to an interpreter if needed
• the right to call witnesses and present documents
• the documents you will rely on, attached or available for inspection
• that the hearing may proceed in the employee's absence if they fail to attend without a good reason
• the possible outcome, if dismissal is a possibility

How much notice? Neither the LRA nor the Code sets a number of days. The test is reasonable time to prepare. At least 48 hours is a common practice and is often enough for a simple charge, but it is a practice, not a rule. A complex charge with a thick bundle needs longer. If the employee asks for a postponement for a good reason, grant a reasonable one. Refusing is a risk; granting a few days costs little.

Get a signature on a copy of the notice, or proof of delivery by email or WhatsApp.

Step 4: choose an impartial chairperson

The chairperson decides the case, so they must not be the investigator, a witness, the complainant, or someone who has already said what the outcome should be. A manager from another department or branch is fine. An external chairperson, such as a labour consultant or attorney, is often worth the cost for serious charges.

In a very small business the owner may be the only person who can decide. That is not automatically unfair, but it is a weakness if the owner was also the witness. Consider an external chairperson. Another option is an inquiry by an arbitrator under section 188A of the LRA: with the employee's written consent, or where a collective agreement provides for it, the CCMA, a bargaining council or an accredited agency appoints an arbitrator to hold the enquiry, and the employer pays a fee. The arbitrator's finding replaces the internal hearing, and the same dismissal generally cannot then be rearbitrated at the CCMA.

Someone separate should present the employer's case, usually the investigator or the line manager. This person is often called the initiator.

Step 5: respect the employee's rights

Assistance. The employee may be assisted by a fellow employee or a trade union representative, often a shop steward. Do not obstruct this.

Legal representation. There is no automatic right to a lawyer at an internal hearing. It depends on your disciplinary code, and where the code is silent the chairperson may allow it, considering the complexity of the case, the seriousness of the consequences and whether you are using a lawyer yourself. See can you be represented by a lawyer at a hearing.

Language. If the employee is not comfortable in the language of the hearing, arrange an interpreter. The Code asks for communication in a language the employee understands where reasonably possible.

Evidence. The employee must see the evidence against them, be able to question your witnesses, give their own version and call witnesses. Evidence the employee never had a chance to answer should not be relied on.

Step 6: run the hearing

A practical order:

1. The chairperson opens, records who is present, confirms the employee received the notice and understands their rights, and deals with any objections or postponement requests.
2. The charges are read and the employee pleads to each.
3. The initiator presents the employer's evidence and witnesses.
4. The employee or their representative questions each witness.
5. The employee gives their version and calls witnesses, who may be questioned.
6. Both sides sum up.
7. The chairperson adjourns, considers the evidence on a balance of probabilities, and gives a finding on each charge.
8. If guilty, the chairperson hears aggravation, such as prior valid warnings, and mitigation, such as length of service, a clean record, personal circumstances and remorse.
9. The chairperson decides the sanction.

If the employee does not attend without good reason after proper notice, the hearing may proceed in their absence. Record the attempts made to reach them. Our guide on desertion covers employees who disappear altogether.

Step 7: decide the sanction and communicate it

The Code reserves dismissal for misconduct serious enough to make the employment relationship intolerable, and expects corrective discipline for less serious conduct. Consider the nature of the job, the seriousness of the misconduct and its impact, whether a warning would prevent a repeat, whether the employee accepts the wrongdoing, and their length of service and record. Treat like cases alike. Alternatives to dismissal include a final written warning, suspension without pay by agreement, or demotion where your code allows it. See written warnings and how long they last.

Give the outcome in writing, with brief reasons. If the employee is dismissed, state the date, the reason, and their right to refer a dispute to the CCMA or bargaining council within 30 days. Offer an internal appeal only if your code provides for one. For final pay, the certificate of service and UIF, follow our employer's dismissal checklist.

Step 8: keep the record

Keep the investigation statements, the notice and proof of delivery, the attendance register, minutes or a recording, the documents handed in, the finding with reasons, the mitigation submissions and the outcome letter. If you record the hearing, say so at the start. The Code expects employers to keep disciplinary records. If the case goes to the CCMA, this file is your evidence.

Worked example

This example is illustrative. Naledi manages a hardware store in Polokwane with 22 staff. A delivery driver, Kabelo, is reported to have sold two bags of cement from the truck to a builder for R300 cash. A colleague saw it and the builder confirms it.

Naledi collects both statements and the delivery note showing the shortfall. She charges Kabelo with selling company stock without authorisation on a specified date, in breach of the stock policy, gives him written notice three working days before the hearing, attaches the statements, and tells him he may bring a shop steward and an interpreter. Because she took one of the statements, she asks the manager of the company's Tzaneen branch to chair. At the hearing Kabelo questions both witnesses and says the cement was damaged. The chairperson finds him guilty on the delivery note and the builder's evidence, hears mitigation of nine years' service and a clean record, and dismisses him. Kabelo gets a written outcome with reasons and his right to refer a dispute within 30 days.

Change the facts: if Naledi had chaired the hearing herself after investigating it, or given Kabelo the notice an hour before the hearing, a commissioner could find the dismissal procedurally unfair even though the reason was sound.

What to do

1. Investigate and secure the evidence before charging.
2. Draft specific charges and a full notice, and allow reasonable time.
3. Appoint a chairperson with no involvement in the matter.
4. Honour the employee's rights to assistance, an interpreter and the evidence.
5. Decide guilt and sanction separately and consistently.
6. Put the outcome in writing and keep the full record.
7. For serious charges, senior employees or anything that may end in dismissal, speak to a labour attorney before the notice goes out.