Preparing for an internal disciplinary hearing

An internal disciplinary hearing is your employer's process for deciding whether you should be sanctioned for alleged misconduct. The Code of Good Practice: Dismissal (Schedule 8 to the LRA) sets the minimum fairness standards. Understanding your rights early changes the outcome.

Your procedural rights

• Written notice of the charges with enough detail to prepare a defence.
• Reasonable time to prepare (typically at least 48 hours, longer for complex matters).
• Right to a representative — usually a fellow employee or shop steward.
• Right to call and cross-examine witnesses.
• Right to lead evidence in your defence.
• Right to an interpreter if needed.
• Right to a written outcome with reasons.
• Right to appeal (if the employer's policy allows it).

Before the hearing — your checklist

• Read the charge sheet carefully. Note any vague wording, dates that don't match, or charges that overlap.
• Request the evidence pack: documents, CCTV, witness statements. You are entitled to know the case against you.
• List your witnesses. Speak to each one and confirm what they will say.
• Gather your documents: contract, policies, emails, performance records.
• Write a chronological timeline of events.
• Prepare your opening statement and a list of questions for the employer's witnesses.
• If you need a postponement, request it in writing with reasons.

At the hearing

Stay calm and respectful. Address the chairperson. Take notes. If you don't understand a question, ask for it to be repeated. If the employer raises new evidence, ask for time to consider it. Never sign anything at the hearing without reading it carefully.

After the hearing

You should receive a written outcome with reasons. If you are dismissed, you have 30 calendar days to refer the matter to the CCMA or a bargaining council. If your employer has an internal appeal, lodge it in writing within the time limit — but do not delay the CCMA referral; the 30 days run from the original dismissal date.

How we help

We prepare you for the hearing: we map the charges, build your evidence pack, brief witnesses, draft your opening and questions, and run a mock hearing so you walk in ready. Book a consultation to start.