Why this situation happens

Many employees leave a disciplinary hearing with only part of the story in writing. They may have a notice to attend the hearing, but not the minutes. They may have an outcome letter, but not the evidence the chairperson relied on. Sometimes the employer says the case is closed and the employee spends days asking HR for reasons instead of checking the referral clock.

The CCMA or a bargaining council will usually need a clear description of the dispute. A lawyer will need the same thing. The first job is to organise the facts so the problem can be assessed quickly.

Legal explanation

Unfair dismissal disputes are dealt with under the Labour Relations Act. Section 191 deals with disputes about unfair dismissal and unfair labour practices. For dismissal disputes, the Act sets a 30-day referral period from the date of dismissal, or from the later date when the employer makes a final decision to dismiss or uphold the dismissal.

That does not mean every dismissal is automatically unfair. The issue is usually whether there was a fair reason and a fair process. Misconduct, poor performance, incapacity, probation and operational requirements are treated differently. The type of dismissal affects the evidence and the route.

What to do next

Write down a short timeline while it is still fresh. Include the date you received the hearing notice, the hearing date, the outcome date, the dismissal date and any appeal date. Keep the WhatsApps, emails, payslips, warnings, policies and witness names together.

If you are close to the 30-day mark, treat that as urgent. If the referral is already late, do not assume the matter is finished, but expect to explain the delay.

Costs and timeframes

The key timeframe is the referral period. Legal costs depend on whether you only need help preparing, need representation, or need advice about a settlement, condonation or review. Ask for the scope in writing before you agree to fees.

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