WORKPLACE CONDUCT INQUIRY AND HEARING SOLUTIONS
Expert Guidance for Fair and Compliant Disciplinary Processes
Dismissal is one of the most challenging and sensitive aspects of human resource management.
It can have serious consequences for both the employer and the employee, such as legal disputes, reputational damage, loss of productivity, and emotional distress.
Therefore, it is essential for SMMEs to get both the substantial and procedural aspects of dismissal right.
One of the most crucial aspects of managing employee misconduct is conducting a fair and thorough investigation before initiating a disciplinary hearing.
Failing to do so can expose your business to legal risks, reputational damage, and employee dissatisfaction.
A disciplinary hearing is an official enquiry which follows an allegation of an employee’s misconduct.
The enquiry is an opportunity for the accusing party to present evidence for their allegation and for the employee to present their own statement, with a final outcome of either reinstating the employee in their position or dismissing them, along with the appropriate consequences.
Disciplinary Inquiry and Hearing Services
Ensuring Fairness and Compliance in Workplace Investigations
A chairperson is a neutral party who chairs the hearing and considers the position of both the employer and the employee.
They evaluate the evidence provided, the witness reports and the cross questioning between the employer and employee before reaching a final judgment on the case.
It is imperative that a disciplinary inquiry is managed correctly, providing an objective and unbiased hearing, respecting all the rights of the employee.
The employee must have appropriate representation, access to an interpreter if needed and the possibility to call a witness, in line with procedural fairness and protection of the employee’s rights.
HR SERVICES
What We Can Do & For You
At Gente, we offer a range of services to help you conduct effective investigations and hold fair disciplinary hearings that comply with the Labour Relations Act and the Code of Good Practice.
Whether you need assistance with gathering evidence, interviewing witnesses, drafting charges, or preparing for the hearing or actually chairing the hearing, we have the skills and experience to support you throughout the process.
- Workplace Misconduct Investigation
- Employee Disciplinary Process
- Fair Disciplinary Hearing
- Labour Law Compliance Services
- Employee Dismissal Procedures
- Workplace Inquiry Support
- HR Disciplinary Consulting
- Procedural Fairness in Hearings
FREQUENTLY ASKED QUESTIONS
Do you have any questions about our Disciplinary Hearing Service? We will answer some of the most pertinent questions here. If you dont find what you are looking for, please email us, and we will get back to you ASAP.
Employee disciplinary hearings are to ensure allegations of misconduct are dealt with fairly, consistently and in line with labour law. An employee has the right to tell their side of the story or version of events based on any allegations made against them. Gente provides workplace disciplinary services to help SMMEs manage this process correctly, protecting both the employee and the business.
Absolutely. Working alongside your management team, we take care of the full disciplinary process for SMMEs—from digging into misconduct cases to kicking off and chairing the hearings themselves. We make sure everything is done by the book, fair to everyone involved, and in line with best practice. That way, you can deal with workplace discipline without second-guessing if it’s being handled right.
It starts with a proper investigation into the alleged misconduct. Then, the employee is formally told what they’re being accused of and given time to prepare their side of the story. The hearing itself follows a set structure—evidence is laid out, both sides are heard, and a fair decision is made. At Gente, we know the drill. We run investigations, set up and lead the hearings, and make sure every step matches your disciplinary code and South African labour law. It’s about keeping things professional, compliant, and above all—fair.
You can have someone internal chair the hearing, but it’s not always the best call. An external chairperson helps keep things impartial and above board, which matters a lot if things get legal. At Gente, we step in as neutral, experienced facilitators so the process stays fair and credible from start to finish.
We don’t cut corners. Every step—from the first investigation to any follow-up action—is done in line with the law. Our team digs deep into misconduct cases, makes sure the process is transparent, and follows fair procedure from start to finish. It’s not just about ticking legal boxes. We’re here to protect both the employer and the employee, so whatever action is taken holds up legally and feels fair to everyone involved.
Employee disciplinary hearings usually stem from a repeated contravention of company rules and very serious instances of misconduct that cannot be handled through informal progressive disciplinary processes.Formal disciplinary hearings are for serious cases like theft, dishonesty, insubordination, absenteeism or harassment. These are not routine employee complaints and require a formal process to ensure fairness and labour law compliance. Gente helps SMMEs manage these.