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Outcome of Disciplinary Enquiry

R199

Prepare a formal disciplinary outcome confirming the chairperson’s finding, reasons, sanction, effective date, and the employee’s appeal or dispute-referral options after a workplace disciplinary enquiry.

An Outcome of Disciplinary Enquiry is issued after a workplace disciplinary hearing or enquiry has been completed. It records the finding on each charge, the reasons for the finding, the sanction imposed, and the employee’s next steps. The document should show that the chairperson considered the evidence, the employee’s response, relevant workplace rules, consistency, aggravating and mitigating factors, and whether the employment relationship can continue.

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South African legal context (2026 checklist)

The outcome should be clear, reasoned, and linked to the evidence presented at the enquiry. If the employee is found guilty, the sanction must be appropriate to the misconduct and should consider factors such as seriousness of the offence, the employee’s disciplinary record, length of service, remorse, consistency, impact on the employer, and whether corrective discipline is suitable. If dismissal is imposed, the employer should be able to show both substantive fairness and procedural fairness. The outcome should also advise the employee of any internal appeal process and, where applicable, the right to refer an unfair dismissal or unfair labour practice dispute to the CCMA or relevant bargaining council.

  • Labour Relations Act 66 of 1995
  • Section 185: Right not to be unfairly dismissed or subjected to unfair labour practice
  • Section 186: Meaning of dismissal and unfair labour practice
  • Section 188: Requirement that dismissal must be for a fair reason and in accordance with a fair procedure
  • Section 191: Referral of unfair dismissal and unfair labour practice disputes
  • Section 193: Remedies for unfair dismissal and unfair labour practice
  • Section 194: Limits on compensation
  • 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 9: Sanction of dismissal
  • Clause 10: Consistency
  • Clause 11: Fair procedure
  • Clause 13: Disciplinary records
  • Sidumo and Another v Rustenburg Platinum Mines Ltd and Others [2007] ZACC 22
  • Avril Elizabeth Home for the Mentally Handicapped v CCMA and Others [2006] 9 BLLR 833 (LC)

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, position, department, and employee number?
What is the employee’s full name, position, department, and employee number?
When was the disciplinary enquiry held?
When was the disciplinary enquiry held?
Who chaired the disciplinary enquiry?
Who chaired the disciplinary enquiry?
Who represented the employer?
Who represented the employer?
Was the employee present at the enquiry?
Was the employee present at the enquiry?
Was the employee represented by a fellow employee or trade union representative?
Was the employee represented by a fellow employee or trade union representative?
What charges were the employee required to answer?
What charges were the employee required to answer?
What evidence, documents, or witnesses were considered?
What evidence, documents, or witnesses were considered?
Did the employee plead guilty or not guilty to each charge?
Did the employee plead guilty or not guilty to each charge?
What is the finding on each charge?
What is the finding on each charge?
What are the chairperson’s reasons for the finding?
What are the chairperson’s reasons for the finding?
Were aggravating and mitigating factors considered?
Were aggravating and mitigating factors considered?
What sanction has been imposed?
What sanction has been imposed?
If dismissal is imposed, what is the effective date of dismissal?
If dismissal is imposed, what is the effective date of dismissal?
If a warning, suspension, demotion, or other sanction is imposed, what are the terms and duration?
If a warning, suspension, demotion, or other sanction is imposed, what are the terms and duration?
Will the employee be paid any outstanding salary, leave pay, notice pay, or statutory benefits?
Will the employee be paid any outstanding salary, leave pay, notice pay, or statutory benefits?
Does the employee have an internal appeal right?
Does the employee have an internal appeal right?
What is the deadline and procedure for submitting an appeal?
What is the deadline and procedure for submitting an appeal?
Should the employee be advised of the right to refer a dispute to the CCMA or bargaining council?
Should the employee be advised of the right to refer a dispute to the CCMA or bargaining council?
Who is authorised to issue the outcome on behalf of the employer?
Who is authorised to issue the outcome on behalf of the employer?

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