Unbiased disciplinary hearings
Labour & UIF
If a disciplinary matter could end in dismissal, ask what reason is being considered and prepare to respond. The described Draft Code of Good Practice: Dismissal calls for legitimate reasons, fair treatment, and a chance for you to answer. It also rejects arbitrary dismissal and says fair procedure applies regardless of how recently you were hired.
Official downloads
21 1 r 4 12 2015 Annexure A www.dpsa.gov.za
Employment and labour provides facts code good practice dismissal and labour www.gov.za
How to use it
- Ask about the reason Ask the employer to explain the legitimate reason being considered. Note what you want to address, then use your opportunity to respond.
- Explain your position Keep your answer focused on the reason raised. Explain your position and ask for a fair chance to answer. Employees should be treated fairly and not dismissed arbitrarily.
Document checklist
- Reason Can you identify the legitimate reason being considered for dismissal?
- Your response Have you had an opportunity to respond to the matter raised?
- Fair treatment Has the process treated you fairly and avoided arbitrary dismissal?
- Incapacity If incapacity is raised, has the employer assessed the case and explored alternatives?
Scope
The guidance here describes the Draft Code of Good Practice: Dismissal. Read these points within that scope.
Questions & answers
Does being recently hired remove the need for a fair reason and procedure?
The described Draft Code does not allow dismissal without a fair reason or procedure based on how recently you were hired.
What should the reason for dismissal be based on?
The described procedures require dismissals to be based on legitimate reasons.
Do you get a chance to respond?
Employees should be treated fairly and given an opportunity to respond.
What should happen if incapacity is raised?
The process calls for a full assessment, exploration of alternatives, and an opportunity to respond and improve.
Can a dismissal be challenged?
A dismissal without a fair reason and fair process remains subject to challenge under labour law.
Related documents
More help
Sources
Govnet is an independent information portal. Generated PDFs are unsigned drafts.