Why this situation happens

Employees often remember the hearing emotionally. The lawyer needs it chronologically. What were you charged with? When were you notified? Were you allowed to prepare? Who chaired the hearing? What evidence was used? What sanction was imposed? Those details decide whether the case is about the facts, the process, the sanction, or all three.

Legal explanation

The Labour Relations Act deals with unfair dismissal disputes, and section 191 sets the referral framework. CCMA unfair dismissal material explains that dismissal disputes are usually referred within a short period. Evidence preparation does not replace referral, but it helps decide how to frame the dispute and what risks exist.

The CCMA referral form also distinguishes different dismissal categories, including misconduct, poor work performance, incapacity, constructive dismissal, probation and operational requirements. The category affects what evidence matters.

What to do next

Make three bundles: before the hearing, during the hearing and after the hearing. Put the notice and charge sheet in the first bundle, minutes and evidence in the second, and outcome, appeal and dismissal documents in the third.

Then write a short timeline. Keep it factual. Dates, documents and names matter more than long explanations.

Costs and timeframes

The first consultation can be shorter and cheaper if the evidence is organised. The urgent timeframe remains the referral period, so do not let evidence-gathering delay action where the deadline is close.

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