Quick answer
If you were dismissed after a disciplinary hearing, organise your evidence into a consultation map rather than sending a lawyer an unfiltered folder.
How to use this guide
Prepare four things:
- a dated chronology of what happened;
- an issue-and-evidence matrix showing what supports and challenges each account;
- an original-file log recording where each item came from and where the unchanged original is kept; and
- a missing-record request list showing what you do not have, why it matters and who may lawfully hold it.
Include material that may weaken your position as well as material that supports it. Preserve originals without changing filenames, dates, message context or content. Do not enter an employer's system, use another person's credentials or take confidential material merely because it might be useful.
This preparation should help a labour lawyer understand the dismissal quickly. It is not a CCMA arbitration bundle, a witness script or a substitute for protecting the applicable referral deadline.
Start with a consultation chronology
A chronology should let someone unfamiliar with the workplace understand the sequence without reading every attachment first.
Use exact dates where possible. If you are uncertain, mark the date as uncertain instead of guessing. Separate what you personally observed from what somebody else told you.
| Date and time | Event | Who was involved? | Source that confirms it | What is disputed? | Follow-up needed |
|---|---|---|---|---|---|
| 3 March, 09:00 | Manager raised the alleged incident | Employee and manager | Calendar entry and later email | Exact wording of the conversation | Preserve the complete email chain |
| 6 March | Written allegation received | Employee and HR | Original notice | Whether the allegation was sufficiently clear | Check attachments referred to in the notice |
| 11 March | Disciplinary hearing held | Chairperson, employee, representative and witnesses | Notice, notes and minutes | Accuracy and completeness of the minutes | Record disputed passages separately |
| 14 March | Dismissal communicated | Employee and HR | Outcome letter and email | Reason and effective date | Compare letter, payroll record and last working day |
| 18 March | Internal appeal submitted | Employee and appeal decision-maker | Appeal and delivery proof | Whether a final decision has been issued | Record response date or lack of response |
Do not turn the chronology into an argument. Its first job is to establish what happened, when it happened and which source supports each entry.
The dismissal date needs particular attention. Section 190 of the Labour Relations Act contains rules for determining that date. Section 191 generally requires an unfair-dismissal dispute to be referred within 30 days of dismissal or, where it is later, within 30 days of the employer's final decision to dismiss or uphold the dismissal. Do not assume that collecting records, seeking advice, negotiating or waiting for an informal response suspends that period.
The unfair-dismissal guide owns the broader first-30-days assessment. If you are preparing to refer a dispute, use the separate pre-CCMA referral check. This article deals only with organising the consultation evidence.
Build an issue-and-evidence map
The current legal framework separates the reason for dismissal from the procedure used.
Section 188 of the Labour Relations Act addresses whether there was a fair reason related to conduct or capacity, or based on operational requirements, and whether a fair procedure was followed. Section 192 places the initial burden on the employee to establish that a dismissal occurred. Once that is established, the employer must prove that the dismissal was fair.
For a misconduct dismissal after a disciplinary hearing, the Code of Practice: Dismissal published on 4 September 2025 is the current general code. It replaced the former Schedule 8 code. Among other things, the current Code directs attention to the rule or standard, whether the employee knew or could reasonably have known it, its importance, the harm caused, consistency and whether dismissal was an appropriate sanction. It also addresses whether the employee received adequate notice and a reasonable opportunity to respond.
Use those questions to classify the evidence. Do not copy the Code into your notes or assume that every factor automatically decides the case.
| Issue | Evidence supporting your account | Adverse or competing evidence | Gap or uncertainty | Likely custodian | Consultation question |
|---|---|---|---|---|---|
| Employment and employer identity | Contract, payslip and employer correspondence | Different company name on payroll or hearing papers | Which entity employed or dismissed you? | Employee, payroll or HR | Who should be treated as the employer or respondent? |
| Existence and date of dismissal | Outcome letter, termination email and final payroll record | Employer alleges resignation, abscondment or agreed separation | Effective date differs across records | Employee, HR or payroll | What event and date legally control? |
| Allegation and rule | Charge notice, policy and hearing notice | Employer relies on an unwritten or differently worded rule | Version or effective date of policy missing | HR, line manager or policy owner | What rule was allegedly breached? |
| Knowledge of the rule | Induction material or prior communications | Signed acknowledgement or earlier warning | Training record unavailable | HR or training custodian | What shows that the rule was known or reasonably knowable? |
| Alleged conduct | Contemporaneous messages, transaction records or personal notes | Investigation material, witness account or system record supporting the employer | Full context or source record missing | Relevant record owner | Which facts are common cause, and which require proof? |
| Harm and seriousness | Record showing limited or corrected impact | Employer's loss, safety or operational evidence | Employer's calculation or causal link not explained | Business or operational custodian | What harm does the employer rely on? |
| Consistency | Known comparator facts from the same workplace | Material differences between employees or incidents | Outcomes and reasons for other cases unavailable | HR or management | Is there a properly comparable case? |
| Sanction | Service history, disciplinary record and mitigating representations | Prior warnings, role sensitivity or evidence of damaged trust | Reasons for rejecting a lesser measure unclear | HR, chairperson or decision-maker | Why was dismissal selected? |
| Opportunity to respond | Written response, hearing notes and representative's notes | Minutes showing an opportunity was given | Notice, preparation time or evidence access disputed | Employee, representative or HR | Was there an adequate and reasonable opportunity to answer? |
| Decision and appeal | Finding, sanction, reasons, appeal and delivery proof | Employer's final appeal decision | Whether or when the decision became final | Appeal decision-maker or HR | Which decision and date control the next step? |
The matrix is a consultation tool. It should expose the questions that need advice, not announce that the dismissal was fair or unfair.
Record adverse evidence without explaining it away
A lawyer needs to know what the employer may rely on.
Adverse evidence may include an earlier warning, an unhelpful message, a partial admission, a policy acknowledgement, an inconsistent account, a performance concern or a record that contradicts your recollection. Recording it does not mean accepting the employer's interpretation. It means allowing the legal and factual risks to be assessed before a decision is made.
For each adverse item, record:
- what the item is;
- whether you accept that it is authentic and complete;
- what context may be missing;
- which part you dispute, if any;
- who can explain the item from personal knowledge; and
- whether a later document changes or clarifies it.
Do not delete the item, rewrite an earlier note or create a replacement record. If you remember something differently, add a new dated note that distinguishes present recollection from the original record.
If you already changed, lost or forwarded something, tell the lawyer accurately. Do not attempt to conceal or “repair” the history.
Preserve original files lawfully
An original-file log helps distinguish the source record from the working copies used for consultation.
| Item ID | Description | Source or custodian | How and when obtained | Unchanged original location | Context or metadata preserved | Access or confidentiality concern |
|---|---|---|---|---|---|---|
| E-01 | Dismissal outcome email and attachment | Employee mailbox | Received on stated date | Read-only archive folder | Full header, thread and attachment retained | Contains internal recipient details |
| E-02 | Hearing notice | HR | Supplied before hearing | Original PDF stored separately | Original filename and file properties retained | None identified |
| E-03 | Message conversation | Employee's device | Lawfully received as participant | Complete export retained | Surrounding messages and dates preserved | Includes third-party personal information |
| E-04 | Employee's hearing notes | Employee | Written during hearing | Original notebook retained | Later typed copy labelled as a transcription | Handwriting may need explanation |
Use working copies for highlighting or comments. Keep them clearly labelled so they cannot be mistaken for originals.
For electronic material:
- retain the complete thread or export where lawfully available, not only a favourable screenshot;
- preserve dates, sender details, attachments and surrounding context;
- do not edit the original file to add comments or change its name;
- record who supplied the item and how it reached you;
- preserve the device or account location if that can be done lawfully; and
- tell the lawyer if authenticity, completeness or access is disputed.
Lawful possession matters. Being involved in a dispute does not create unrestricted authority to search workplace systems, copy co-workers' files, bypass access controls or retain irrelevant customer or employee information. Do not use credentials that are not yours or continue accessing an account after authority has ended.
Where a record contains confidential, privileged or personal information, record its existence and obtain advice on whether and how it should be retained, requested or shared. Collecting more data than the consultation requires can create a separate problem without strengthening the dismissal issue.
Create a missing-record request list
A missing record should appear as a gap, not be recreated from memory.
| Missing item | Why it may matter | Likely lawful custodian | Proposed request route | Request status and date | Safe fallback |
|---|---|---|---|---|---|
| Complete hearing minutes | Tests what was raised and answered | HR or chairperson | Focused written request | Not yet requested | Preserve personal and representative notes |
| Policy version relied on | Identifies the applicable rule | HR or policy owner | Ask for the version effective on the incident date | Requested; no response | Record the version previously supplied |
| Evidence attached to the charge | Shows the case the employee was asked to meet | HR or initiator | Request the specified attachments | Partly supplied | List missing attachments individually |
| Written sanction reasons | Explains why dismissal was selected | Decision-maker or HR | Focused written request | Outcome gives no detail | Preserve oral explanation as a dated recollection |
| Appeal outcome | May affect the chronology and referral calculation | Appeal decision-maker | Request written confirmation | Pending | Do not assume the deadline is suspended |
Keep requests narrow and neutral. Identify the item rather than sending a long merits argument. Preserve the request, proof of delivery and response.
A missing record does not always justify delaying the next procedural step. Give the lawyer the gap list and ask whether the referral or another protective action should proceed on the information already available.
Prepare a one-page consultation handoff
Place this page at the front of the material:
- employee's full name and reliable contact details;
- employer's correct name as shown across the available records;
- job title, start date and dismissal date;
- employer's stated reason for dismissal;
- hearing and appeal dates;
- earliest potentially applicable referral date;
- current forum or bargaining-council uncertainty;
- three to five disputed issues;
- the most important adverse fact;
- records still missing;
- any access, confidentiality or authenticity concern; and
- the decision you need from the consultation.
The decision may be: confirm the immediate deadline, classify the stated reason, identify the appropriate forum, assess a specific fairness issue, advise on a missing record or define the next piece of work.
That is more useful than asking whether you “have a case” without identifying the controlling facts.
What this map is not
This consultation map is not:
- a completed LRA Form 7.11 referral;
- an indexed arbitration bundle;
- a witness statement;
- a script for what witnesses should say;
- proof that every recorded allegation is true;
- a complete test of remedy or compensation; or
- permission to obtain records unlawfully.
If the matter proceeds to arbitration, relevance, witnesses, authenticity, disclosure and the formal hearing material will need separate preparation. The retained article on evidence for a CCMA arbitration owns that later-stage task.
Final consultation-map checklist
- The chronology distinguishes exact dates from estimates.
- Every important entry points to a source or is marked as recollection.
- The matrix separates dismissal, reason, sanction and procedure.
- Adverse evidence appears alongside supporting evidence.
- Original files remain unchanged and are logged separately.
- Working copies are clearly labelled.
- Missing records have not been recreated.
- Requests are focused, lawful and recorded.
- Confidentiality or access concerns are flagged.
- The consultation pack does not delay a time-sensitive referral.
- The lawyer can see the decision required from the consultation.
Official source notes
- Labour Relations Act 66 of 1995: sections 188 and 190–192 on fairness, the dismissal date, referral timing and the burden in dismissal disputes.
- Code of Practice: Dismissal, Government Notice 3470 of 2025: the current general dismissal code effective from 4 September 2025; the notice repealed the former Schedule 8 dismissal code.
- CCMA unfair-dismissal information sheet: general official information about dismissal dates, fairness, burden and referral timing; current rules and directions should also be checked.
Legal disclaimer
This article provides general South African labour-law information and a preparation structure, not advice on a particular dismissal. The right to access, retain, copy or disclose a workplace record depends on the facts, the source and any applicable confidentiality, privacy, privilege or contractual restriction. Obtain matter-specific advice on lawful preservation, the dismissal and appeal dates, the stated and possible reason, the correct forum, the referral deadline, missing evidence and any document you are uncertain about sharing.
FAQs
How should I organise dismissal evidence for a first consultation?
Prepare a dated chronology, an issue-and-evidence matrix, an original-file log and a missing-record request list. Put a one-page handoff at the front identifying the dates, stated reason, strongest disputed issues, adverse material and decision you need.
Should I include evidence that may hurt my dismissal case?
Yes. Record warnings, admissions, unhelpful messages and conflicting records honestly. Including adverse material does not accept the employer's conclusion; it allows the lawyer to assess the real risk and missing context.
May I copy documents from an employer's system after dismissal?
Do not bypass controls, use another person's credentials or continue access after authority ends. Log the record, why it matters and its likely custodian, then obtain advice on a lawful request or procedural route.
Is a consultation evidence map the same as a CCMA arbitration bundle?
No. The map helps a lawyer understand the chronology, issues, competing evidence and gaps. A later arbitration bundle requires separate decisions about relevance, witnesses, authenticity, disclosure and hearing procedure.
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Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.