Quick answer
The most important documents are usually the original complaint and delivery proof, the formal record of what changed, the employer's stated reasons, and reliable records showing your position before the complaint. Add the employment terms, relevant policy, deadline evidence and a short chronology. A small set of original, well-indexed records is more useful than hundreds of screenshots with no dates or context.
How to use this guide
Rank documents by what they prove. The goal is not to collect every workplace message; it is to establish the complaint, knowledge, adverse action, possible causal link, legal category and referral timing.
Priority 1: the original complaint
Keep the complaint exactly as made, including attachments, email headers, portal reference, acknowledgement and delivery receipt. If it was verbal, make a dated recollection identifying the words used, the people present and the immediate response. Label it honestly as a later note if it was not created at the time.
Also preserve the reporting policy and the version that applied on the complaint date. For a possible protected disclosure, the content, recipient and channel can be material. For a discrimination, harassment, safety or union-rights complaint, a different legal framework may govern the protection.
Priority 2: the first formal action after the complaint
The clearest record is often a warning, suspension letter, transfer notice, changed job description, pay decision, access notice, performance plan, promotion outcome, hearing notice or termination letter. Keep the complete document, not only the paragraph you disagree with.
Record when it was issued, when it took effect, who decided and what reason was given. If the measure was communicated verbally, request written confirmation and make a contemporaneous note. “My manager became hostile” is difficult to test without the specific event, words, date and work consequence.
Priority 3: the before-and-after baseline
Choose records that show what the employment position was before the complaint:
- contract, amendments and job description;
- reporting line and organisational chart;
- payslips, benefits and working schedule;
- performance targets and completed reviews;
- previous warnings or absence of warnings;
- duties, system access, training and promotion history; and
- approved leave or flexible-work arrangements.
Then match each later change to the same category. If duties were reduced, compare old and new task lists. If performance is the stated reason, compare the new criticism with earlier targets and reviews. This produces a verifiable contrast without assuming that timing alone proves causation.
Priority 4: the employer's reasons and process record
Keep allegations, notices, evidence supplied to you, minutes, hearing outcome, appeal result, investigation correspondence and requests for information. Preserve your own responses as sent. If reasons changed, retain every version rather than replacing the first with the latest.
Procedural unfairness and prohibited motive are different questions. A hearing that looks orderly does not necessarily answer why the action was taken, while proof of a complaint does not erase genuine performance or conduct evidence. The document pack should allow both issues to be assessed.
Priority 5: timing and knowledge evidence
Useful records include an acknowledgement showing when the complaint was received, meeting invitations, messages identifying who knew of it, document metadata and the date of each adverse decision. Build a simple sequence:
| Event | Date | Person involved | Original source |
|---|---|---|---|
| Complaint delivered | Exact date | Recipient | Email or portal receipt |
| Decision-maker informed | Exact or evidenced range | Person | Message, minute or admission |
| Later action | Effective date | Decision-maker | Notice or system record |
Do not manufacture precision. If a date is uncertain, record the range and why.
Priority 6: forum and deadline documents
Keep the dismissal date, internal final decision, date of the act or omission, date you became aware of it, bargaining-council details, proof of employer identity and service address. Current CCMA guidance generally uses different periods for dismissal, unfair labour practice and discrimination matters. A grievance or appeal does not automatically stop those periods.
The CCMA glossary explains the institution, while the employment dispute pack helps organise a general file. If termination occurred, use the dismissal evidence pack for the dismissal-specific layer.
If a key document is missing
Use the best lawful substitute and clearly label it:
| Missing primary record | Possible substitute |
|---|---|
| Written complaint | dated draft, witness with first-hand knowledge, diary entry, acknowledgement or follow-up email |
| Delivery receipt | reply, ticket number, meeting minute or recipient admission |
| Job description | vacancy advert, performance plan, duty allocation, organogram or regular work record |
| Written adverse decision | payslip change, access log, roster, witness, calendar entry or request for written reasons |
| Performance history | targets, work outputs, prior praise, coaching notes, warnings and comparable review records |
| Employer legal details | contract, payslip, tax record, company correspondence or verified registration information |
A substitute is not identical to the missing original. Keep the gap visible so a reviewer can assess weight and identify a lawful request for the primary record.
What not to collect
Do not remove an entire mailbox, copy unrelated client files, take privileged communications, access records outside your authority or collect colleagues' personal information merely because it might become useful. Keep medical and highly sensitive records in a separate restricted folder. A dispute does not create unlimited evidence rights.
The fuller workplace-complaint evidence guide covers preservation and chronology. Use the labour-law hub for route context and the CCMA representation service if formal representation needs assessment.
FAQs
Do screenshots count as evidence?
They may help, but keep the original message or export where lawfully possible. A screenshot can omit sender details, timestamps, surrounding context and metadata.
What if my complaint was only verbal?
Create an honest dated recollection, identify first-hand witnesses and preserve any follow-up or acknowledgement. Do not backdate the note or present reconstructed words as an exact recording.
Should I keep documents that hurt my case?
Yes. Prior warnings, contrary messages and the employer's evidence help test the real dispute and prevent avoidable surprises. Do not destroy or conceal them.
Can I take confidential employer documents home?
Not merely because a dispute exists. Preserve only material you may lawfully access and seek advice about secure handling, relevance and any formal disclosure process.
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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.