Your first disciplinary hearing: what the CCMA will look for

Before the hearing: is there a fair reason?

For misconduct, the questions are practical. Was there a rule? Did the employee know about it, or should they reasonably have known? Did they break it? Have you applied the same rule the same way to others? And is dismissal an appropriate response, or would a warning do? For a first, minor offence, the answer is usually a warning.

Poor performance is not misconduct. It needs a different process: clear standards, feedback, support and time to improve before dismissal is on the table.

The process: the steps that matter

1. Investigate first. Collect the facts and statements before deciding there’s a case.
2. Give written notice of the allegations in a language the employee understands, with the date and time of the hearing.
3. Allow reasonable time to prepare. Not the same afternoon.
4. Allow representation by a fellow employee or, where there’s a union, a shop steward.
5. Use an impartial chairperson. The person who made the complaint shouldn’t decide the outcome.
6. Let the employee state their case, call witnesses and question yours.
7. Give the decision and reasons in writing, and tell the employee they may refer a dispute to the CCMA or bargaining council within 30 days of dismissal.

The mistakes we see most

• The owner chairs a hearing about their own complaint
• No minutes or record of what was said
• Dismissing for something others have been warned for
• Treating poor performance as misconduct
• Deciding the outcome before the hearing starts

The Code of Good Practice: Dismissal allows a less formal process for small businesses. It does not remove the need for a fair reason and a genuine chance for the employee to respond.