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Disciplinary Hearing and CCMA Presentation Services
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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.


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.

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It is imperative that a disciplinary hearing 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. Mitigating and aggravating circumstances have to be considered when assessing the appropriate outcome of the hearing. The proposed sanction, in the case that the employee is found guilty, must be appropriate and fair in terms of precedent case law in order to protect the employer, should the employee refer the outcome of the case to the CCMA. Failing to comply with procedural fairness has the potential of unwanted legal repercussions.

In many cases, the results of a disciplinary hearing are carried over to further judicial forums, such as the CCMA, the labour court and labour appeal court. Consequently, it is imperative that the disciplinary hearing is prepared and carried out within proper procedural guidelines in order to present the strongest possible case, drawing on all available evidence. The onus is entirely on the employer to prove that the employee is guilty. If evidence is not properly presented, a case will not be successful even if the accusation is objectively fair.

Reasons for a poorly presented case may include the person presenting the case not being sufficiently trained or being unskilled in case presentation. Alternatively, if the employer is presenting the case they may either not have time for proper preparations or not know how to prepare. In order to prepare for a disciplinary hearing a pre-hearing investigation has to be carried out, which includes assessing whether the allegations are being produced in good faith or whether there is a hidden agenda on the part of the employer, investigating the circumstances of the incident and evaluating whether the evidence forms sufficient proof for the allegation. In addition, witnesses and other evidence have to be prepared, as well as questions for the employer’s witnesses. All of these preparations have to be successfully carried out, in order to present a compelling case. A disciplinary hearing consultant as well as a professional CCMA presentation will ensure that these guidelines are followed strictly and successfully.

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Disciplinary Hearing Consultants

Employee misconduct

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Our experienced members will provide you with professional representation at CCMA as well as Bargaining Council conciliation and arbitration hearings, to make sure that the correct legal procedures are followed and the case is successfully prepared and presented. As your disciplinary hearing consultants, we also take responsibility for making informed legal recommendations to your company and promoting fair discipline practices in order that the cases may be handled professionally and with limited involvement from your company.

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