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Notice to Attend Disciplinary Hearing

R199

Create a clear disciplinary hearing notice that informs an employee of the allegations against them, the hearing details, their right to prepare, their right to representation, and the possible consequences if they fail to attend.

A Notice to Attend Disciplinary Hearing is used where an employer intends to convene a formal disciplinary enquiry against an employee for alleged misconduct. The notice should set out the allegations in sufficient detail, confirm the date, time, and venue of the hearing, and inform the employee of their procedural rights, including the right to reasonable preparation time, the right to representation by a fellow employee or trade union representative, and the opportunity to respond to the allegations.

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South African legal context (2026 checklist)

In South African labour law, disciplinary action must be procedurally fair. Before dismissal for misconduct is considered, the employee should generally be notified of the allegations, preferably in writing, given a reasonable opportunity to prepare and respond, allowed assistance by a fellow employee or trade union representative, and given an opportunity to engage in a language they understand where reasonably possible. The notice should avoid vague allegations and should make it clear whether dismissal may be an outcome.

  • 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 9: Sanction of dismissal
  • Clause 10: Consistency
  • Clause 11: Fair procedure
  • Clause 13: Disciplinary records

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, and department?
What is the employee’s full name, position, and department?
What is the date, time, and venue of the disciplinary hearing?
What is the date, time, and venue of the disciplinary hearing?
Who will chair the hearing?
Who will chair the hearing?
Who will act as the employer representative or initiator?
Who will act as the employer representative or initiator?
What misconduct allegations or charges will the employee face?
What misconduct allegations or charges will the employee face?
On what date did the alleged misconduct occur?
On what date did the alleged misconduct occur?
Which workplace rule, policy, contract term, or instruction was allegedly breached?
Which workplace rule, policy, contract term, or instruction was allegedly breached?
Will dismissal be a possible sanction if the employee is found guilty?
Will dismissal be a possible sanction if the employee is found guilty?
Has the employee been given reasonable time to prepare?
Has the employee been given reasonable time to prepare?
May the employee be represented by a trade union representative or fellow employee?
May the employee be represented by a trade union representative or fellow employee?
Does the employee require an interpreter or assistance in another language?
Does the employee require an interpreter or assistance in another language?
May the employee call witnesses or submit documents?
May the employee call witnesses or submit documents?
What documents or evidence will be relied upon by the employer?
What documents or evidence will be relied upon by the employer?
What should happen if the employee fails to attend without a valid reason?
What should happen if the employee fails to attend without a valid reason?

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