DISCIPLINARY PROCEDURES

Finding

Misconduct is one of the grounds in law that justifies an employer terminating the contract of employment of an employee. However, for a dismissal for reasons of misconduct to be fair the dismissal must be:

· Substantively fair- there must be a valid reason for the termination of the contract of employment. The facts of each case will determine whether the dismissal is for a fair reason and whether dismissal is the appropriate penalty; and

· Procedurally fair - the dismissal must be effected in a procedurally fair manner.

This means that an employer may not just give notice in accordance with the contract of employment or in terms of governing legislation. An employer must also ensure that dismissals for misconduct are for a valid reason after a fair procedure has been followed.

Outcome of a Disciplinary Hearing and Appeal Procedure

Within a reasonable period after the disciplinary hearing, the employer should furnish the employee with a Notice of Outcome setting out the finding on each charge and the sanction.

Such notice should also advise the employee of the right to appeal the outcome.

To initiate an appeal, the employee should file a Request for an Appeal.  

Appeal Hearings

The employer after receiving a Request for Appeal will convene an appeal hearing, which will be conducted by a new presiding officer.  All evidence and legal argument submitted at the disciplinary hearing will need to be submitted once again.  Based on the appeal hearing, the presiding officer will decide the matter.

Should the employee not be satisfied with the outcome of the disciplinary hearing, he/she will need to submit this matter to the CCMA or appropriate Bargaining Council.  You should contact a labour expert or the CCMA immediately as there are time frames that need to be adhered to.      

 Information provided herein is based on documentation available from the CCMA.  

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