Chairing of Disciplinary Hearings

At Cape Labour, I offer professional chairing of internal disciplinary hearings for employers across the Cape Town Metropolitan area. I have chaired hearings for businesses across a range of industries and am generally available at short notice. I also provide written recommendations promptly after the hearing concludes. My hourly rate is competitive and represents real value when compared with other professionals who preside over disciplinary procedures.

What is a Disciplinary Hearing?

A disciplinary hearing is a formal process used by employers to address allegations of misconduct or breaches of workplace rules. This process is guided by the company’s disciplinary code and aligned with South African labour law and the Code of Good Practice. It provides employees with the opportunity to respond to allegations and present their version of events.

The goal is to ensure fairness while establishing whether there is sufficient evidence of wrongdoing and, if so, to recommend appropriate disciplinary action.

Key Features of the Process

Structured Procedure: The disciplinary process must follow internal policies and remain consistent with South African labour law and constitutional principles.
Fairness and Due Process: Employees have the right to be notified of the allegations, respond in a hearing, and make requests for legal representation if necessary. While employees do not have an absolute right to legal representation in every internal hearing, the complexity of a matter may allow for legal representation or even external representation in some cases.
Burden of Proof: The employer is responsible for proving that a rule was breached and that disciplinary action is justified.
Legal Representation: While not automatic, legal representation in disciplinary hearings may be allowed, depending on the circumstances. This is particularly relevant in cases involving procedural unfairness, complex legal issues, or where the employee requests representation by a legal representative. The employer must consider such requests carefully, exercising discretion while following the disciplinary code.
Outcome: Depending on the facts and seriousness of the offence, possible outcomes include no action, a warning, suspension, or dismissal. Any outcome must be legally defensible and comply with the relevant employment contracts and company policies.
Appeal and Further Action: Where applicable, outcomes may be appealed internally or challenged at external forums like the Commission for Conciliation, Mediation and Arbitration (CCMA) or the Labour Court. Arbitration may also follow if disputes remain unresolved.

Why External / Impartial Representation Matters

Internal hearings can have lasting consequences for both the employer and employee. In some cases, issues regarding representation or failure to follow procedure may lead to findings of substantive and procedural unfairness.

That’s why having a chairperson with a deep understanding of South African labour law is crucial. I bring experience, legal knowledge, and independence to every hearing I preside over.

Need Help Chairing a Disciplinary Hearing?

If you’re looking for assistance with the chairing of a disciplinary hearing, I can help ensure the process is fair, legally compliant, and professionally managed. Whether it involves requests for representation, questions about the disciplinary process, or concerns around fairness or complexity, Cape Labour is here to assist.

Contact Cape Labour today to discuss how I can support your business with experienced chairing of disciplinary procedures in line with the law.

Frequently Asked Questions

When is legal representation allowed in disciplinary hearings?

Legal representation in disciplinary hearings isn’t automatic but may be allowed when the matter is complex, involves legal technicalities, or when the employee’s ability to present their case would otherwise be unfairly limited. The employer must consider such requests carefully in line with company policy and South African labour law.

What does chairing a disciplinary hearing involve?

Chairing a disciplinary hearing involves managing the process impartially, ensuring that both the employer and employee have a fair opportunity to present their case, and making sure procedures align with the company’s disciplinary code and the Code of Good Practice. The chairperson must remain neutral and base decisions on evidence and fairness.

Why should an employer appoint an external person to chair disciplinary hearings?

Appointing an external chairperson helps ensure impartiality and compliance with labour law. It reduces the risk of bias or procedural errors that could make disciplinary action legally challengeable. An independent chairperson also brings objectivity and experience in handling complex employment matters.

How do you chair a disciplinary hearing effectively?

To chair a disciplinary hearing effectively, prepare thoroughly by reviewing all evidence and company policies. Communicate the process clearly, allow both parties to speak, ensure all procedural rights are observed, and keep a detailed record. The chairperson’s role is to ensure fairness, not to represent either side.

What is the proper procedure for chairing a disciplinary hearing?

The procedure includes notifying the employee of the allegations, allowing them time to prepare, conducting the hearing in line with company policy, considering evidence from both sides, and issuing a fair, written outcome. The process must meet the standards of procedural and substantive fairness under South African labour law.