Conducting fair disciplinary procedures is not just good practice—it's a legal requirement in South Africa. Section 188 of the Labour Relations Act requires that dismissals must be both substantively and procedurally fair.
Key Elements of a Fair Disciplinary Process
Before initiating disciplinary action, conduct a thorough investigation. The employee must be notified in writing of the allegations, the time and place of the hearing, their right to representation, and possible consequences.
The Disciplinary Hearing
The hearing must be conducted fairly by allowing the employee to state their case, presenting evidence, and considering all mitigating factors. Keep detailed minutes of all proceedings.
Progressive Discipline
For minor offenses, follow progressive discipline: verbal warning, written warning, final written warning, and dismissal. However, serious misconduct may warrant immediate dismissal.
Documentation is Key
Maintain comprehensive records of the investigation, notification letters, hearing minutes, and outcomes. Proper documentation is your best defense at the CCMA.