I was called to a disciplinary hearing and need to prepare. What should I check before I refer the matter to the CCMA?

How to use this guide

In an ordinary misconduct process, the internal hearing is usually the place to answer the charges. A later dismissal dispute is generally referred after dismissal. A suspension or disciplinary action short of dismissal may be an unfair labour practice if it fits the statutory category. A bargaining council may replace the CCMA for employees covered by its jurisdiction.

Do not wait for every internal step to finish without checking external time limits. Equally, do not assume a premature CCMA referral will postpone or stop the employer's hearing.

Start with the decision you are challenging

Write one sentence that identifies the employer action, its effective date and the outcome you want. For example:

• “I was suspended without pay on 12 August and want the suspension reviewed.”
• “I received a final warning on 15 August and say the disciplinary action was unfair.”
• “I was dismissed on 18 August and want reinstatement or compensation.”
• “I have only received charges and want enough information and reasonable time to answer them.”

The fourth example is usually still an internal-process problem. The first three may create a statutory dispute, depending on their facts. The label on a document is not decisive; record what actually changed in the employment relationship.

Before the hearing: prepare the internal response

The Code of Good Practice: Dismissal published on 4 September 2025 replaced the former Schedule 8 code. It describes a practical, context-sensitive process rather than a criminal trial. An employee should generally be notified of the allegations in a form and language reasonably understood, receive reasonable time to prepare, have an opportunity to respond, and be allowed assistance by a trade-union representative or fellow employee. Workplace rules, a collective agreement or a contract may provide additional steps.

Before trying to refer anything externally, check:

1. the precise allegation, date, workplace rule and possible outcome;
2. whether the hearing date gives reasonable preparation time;
3. the employer's disciplinary code, collective agreement and representation rule;
4. which documents or witness information are needed for a meaningful response;
5. whether an interpreter, disability accommodation or postponement is required; and
6. who must receive a written request and when.

Ask for a practical remedy in writing. If the allegation is too vague, identify the missing detail. If a key document is controlled by the employer, describe it and explain why it matters. If you need a postponement, propose a short alternative date and attach the reason. Keep proof of delivery.

When a pre-outcome dispute may exist

Some acts can create a separate dispute before dismissal. Examples may include suspension, other disciplinary action short of dismissal, a qualifying occupational detriment after a protected disclosure, unfair discrimination, breach of a collective agreement or a contractual dispute. Each has its own elements and forum.

That does not mean every procedural complaint about an upcoming hearing is immediately arbitrable. The CCMA does not generally pre-authorise an employer's ordinary disciplinary process. Urgent Labour Court, contractual or collective-agreement remedies may exist in limited cases, but they require fact-specific advice and should not be treated as the default route.

After an outcome: classify the referral

If the hearing ends in dismissal, record the date employment ended and the stated reason. Separate two questions:

• Substantive fairness: was there a valid and fair reason for dismissal?
• Procedural fairness: was there a fair opportunity to know and answer the allegations in context?

If the outcome is a warning, suspension, demotion or another sanction short of dismissal, check whether it falls within the Labour Relations Act definition of an unfair labour practice. Also check whether discrimination, protected-disclosure, collective-agreement or contractual issues create a different route.

Current public CCMA guidance generally gives 30 days to refer an unfair-dismissal dispute and 90 days for an unfair-labour-practice dispute. The trigger and classification matter. If late, a condonation application is ordinarily required; it is not automatic. Do not assume an internal appeal pauses an external statutory period.

Confirm the correct forum

Before completing LRA Form 7.11, check:

• whether a bargaining council covers the employer and sector;
• whether the dispute first goes to the CCMA or another statutory body;
• the employer's correct legal name and service address;
• whether the issue is dismissal, unfair labour practice, discrimination or another category;
• the earliest defensible trigger date;
• whether proof of service on the other party is available; and
• what remedy the chosen route can award.

The CCMA glossary explains the institution, while the CCMA checklist and CCMA representation service support referral preparation. The broader labour-law hub helps classify related employment issues.

Build a referral-readiness pack

Keep the pack short and indexed:

1. hearing notice and charge sheet;
2. disciplinary code, relevant policy and collective agreement;
3. your dated request for detail, documents, assistance or postponement;
4. employer responses and delivery proof;
5. concise chronology;
6. documents tied to each charge;
7. outcome, sanction and appeal documents if already issued;
8. contract and recent payslips; and
9. the forum, trigger date and deadline calculation.

The disciplinary-hearing evidence guide covers the wider evidence strategy. The employment dispute pack and dismissal evidence pack provide structured preparation for the relevant stage.

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