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Charge Sheet

R199

Prepare a structured workplace charge sheet that clearly records the misconduct allegations against an employee, the rules allegedly breached, and the factual particulars needed for the employee to understand and answer the case against them.

A Charge Sheet is used in workplace disciplinary proceedings to identify the misconduct allegations that an employee must answer. It should describe the charge clearly enough for the employee to understand the case against them and prepare a response. It may include the charge, alternative charge, relevant workplace rule or policy, date, time, place, factual particulars, and the possible seriousness of the allegation.

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South African legal context (2026 checklist)

South African labour law does not require workplace disciplinary proceedings to follow the strict criminal-trial model. However, fairness requires that the employee be informed of the allegations with sufficient detail to understand and answer them. A charge sheet should therefore avoid vague allegations such as “misconduct” or “poor behaviour” without particulars. The employer should state the rule allegedly breached, the conduct complained of, and the key facts relied upon. Charges do not have to be drafted with criminal-law precision, but they must be clear enough to avoid prejudice and allow the employee to prepare a defence.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed
  • Section 188: Requirement that dismissal must be for a fair reason and in accordance with a fair procedure
  • Section 191: Referral of unfair dismissal disputes to the CCMA or relevant bargaining council
  • Section 203: Codes of Good Practice
  • Code of Good Practice: Dismissal, 2025
  • Clause 5: Fairness
  • Clause 6: Disciplinary measures
  • Clause 7: Fair reason for misconduct dismissal
  • Clause 8: Guidelines for deciding a fair sanction
  • Clause 10: Consistency
  • Clause 11: Fair procedure
  • Avril Elizabeth Home for the Mentally Handicapped v CCMA and Others [2006] 9 BLLR 833 (LC)
  • Woolworths (Pty) Ltd v CCMA and Others [2011] 10 BLLR 963 (LAC)

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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What is the employer’s full legal name?
What is the employer’s full legal name?
What is the employee’s full name, job title, department, and employee number?
What is the employee’s full name, job title, department, and employee number?
What is the main category of misconduct alleged?
What is the main category of misconduct alleged?
What workplace rule, policy, instruction, contract term, or standard was allegedly breached?
What workplace rule, policy, instruction, contract term, or standard was allegedly breached?
What exactly is the employee alleged to have done or failed to do?
What exactly is the employee alleged to have done or failed to do?
On what date and at what time did the alleged misconduct occur?
On what date and at what time did the alleged misconduct occur?
Where did the alleged misconduct take place?
Where did the alleged misconduct take place?
Were there any witnesses to the alleged misconduct?
Were there any witnesses to the alleged misconduct?
What documents, CCTV footage, emails, reports, attendance records, or other evidence will be relied on?
What documents, CCTV footage, emails, reports, attendance records, or other evidence will be relied on?
Is there more than one charge or alternative charge?
Is there more than one charge or alternative charge?
Should the charge include gross negligence, dishonesty, insubordination, absenteeism, assault, harassment, poor conduct, or breach of policy?
Should the charge include gross negligence, dishonesty, insubordination, absenteeism, assault, harassment, poor conduct, or breach of policy?
Has the employee previously been warned for similar misconduct?
Has the employee previously been warned for similar misconduct?
Could dismissal be considered if the employee is found guilty?
Could dismissal be considered if the employee is found guilty?
Should the charge sheet be attached to a notice to attend disciplinary hearing?
Should the charge sheet be attached to a notice to attend disciplinary hearing?
Who is preparing or approving the charge sheet on behalf of the employer?
Who is preparing or approving the charge sheet on behalf of the employer?

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