Disciplinary Hearings
Expert Guidance for Workplace Disciplinary Matters
Procedurally fair, legally sound disciplinary hearings — even when the outcome is complicated.
Get Hearing Support →
Procedurally fair, legally sound disciplinary hearings — even when the outcome is complicated.
Get Hearing Support →A disciplinary hearing can result in a finding of procedural unfairness at the CCMA — even when the employee is clearly guilty. This can lead to compensation awards against your business. NGWS ensures your hearings are conducted correctly every time.
Impartial, experienced chairing of disciplinary hearings that follows correct procedure throughout.
Properly drafted charge sheets that clearly state the alleged misconduct and applicable policies.
Guidance on sanctions that are fair and proportionate — reducing the risk of CCMA findings against you.
Representing the employer's interests at the hearing to ensure a strong, properly presented case.
Complete records of proceedings, findings, and sanctions — essential if the matter escalates to the CCMA.
Training your managers on how to conduct fair disciplinary processes — preventing problems before they start.
Gather facts and evidence before any formal action
Written notice of the charges and hearing date
Both parties present evidence and argument
Finding of guilty or not guilty, then appropriate sanction
Full written record of the proceedings and outcome
Yes. An employee has the right to be assisted by a trade union representative (shop steward) or a co-worker of their choice. Legal representation is not automatically permitted in internal disciplinary proceedings and may only be allowed where the matter is sufficiently complex and the parties agree to such representation.
A fair procedure requires adequate notice of the hearing, an opportunity for the employee to state their case, an impartial chairperson, the right to call witnesses, and a written outcome with reasons. NGWS ensures all of these elements are present.
Even if the dismissal was substantively fair (the employee was guilty), procedural unfairness can result in an award of up to 12 months' compensation at the CCMA. This is why correct procedure is non-negotiable.
No. Polygraph results cannot be used as the sole basis for dismissal. They must be supported by corroborating evidence. NGWS advises on how to correctly incorporate polygraph results into a disciplinary process.
Contact us immediately — we respond within 24 hours and can assist with urgent matters.