Disciplinary Hearings

Many tens of thousands of EMPLOYERS lose cases at the CCMA and bargaining councils in South Africa because they take too seriously the provision that the disciplinary process does “not need to be a formal one”.

The drafters of the Labour Relations Act of 1995 (LRA) expressly provided for accused employees to have a right to be heard. That is, section 188 of the LRA states that a dismissal is unfair if the employer fails to prove that it was effected in accordance with a fair procedure. The Code Of Good Practice: Dismissal in Schedule 8, which must be considered when decisions on dismissal are taken under the Act, makes it clear that, while the process can be informal, the employee should nevertheless be told what case he has to meet and be given a proper opportunity to prepare and present his response.

Negotia Labour Practitioners provides labour relations and human resources services to employers.
We empower employers to effectively handle human resources and labour relations in their workplace.