Disciplinary warnings and hearings that follow a fair process

Fair reason and fair procedure

Under section 188 of the LRA, a dismissal is unfair if the employer cannot prove that it was for a fair reason and was effected in accordance with a fair procedure. The Code of Good Practice: Dismissal, issued under the LRA, gives guidance on what this means in practice, including progressive discipline for less serious misconduct and the opportunity for the employee to state their case.

An employee who believes a dismissal was unfair generally has 30 days from the date of dismissal to refer the dispute to the CCMA or a bargaining council with jurisdiction (section 191). Good records made at the time are the best preparation for that possibility.

Progressive discipline and warnings

For most misconduct, the aim is to correct behaviour. Counselling, verbal warnings, written warnings and final written warnings escalate in step with repeated or more serious offences. The LRA does not fix how long a warning remains valid; your disciplinary code should set this, and many employers use about 6 months for a written warning and 12 months for a final written warning.

• Disciplinary code with offence categories and suggested sanctions
• Automatic warning progression based on prior valid warnings for the same or related offences
• Expiry tracking, so expired warnings are not relied on
• Warning forms generated on your letterhead and signed electronically or on paper
• Employee acknowledgement or a witness note when an employee refuses to sign

Disciplinary hearings

For serious misconduct or where dismissal is a possible outcome, a disciplinary enquiry gives the employee a fair opportunity to respond. Compliance Junkie produces the notice to attend with the charges, date, venue and the employee's right to representation by a fellow employee or shop steward, an interpreter if needed, and to call witnesses.

After the hearing, the chairperson's findings, sanction and reasons are recorded and filed. Outcome letters, including dismissal letters with the employee's referral rights, are generated from templates you control.

Consistency across managers and sites

Inconsistent discipline is a frequent ground for unfairness findings. When every manager uses the same code, templates and history, similar offences get similar outcomes. Company administrators can see disciplinary activity across sites and spot patterns early.

Frequently asked questions

How long is a written warning valid?

The LRA does not prescribe a period. Your disciplinary code sets validity; many employers use about 6 months for a written warning and 12 months for a final written warning.

Does an employee have to sign a warning?

Signing usually only confirms receipt, not agreement. If an employee refuses, a witness can note that the warning was explained and handed over. Compliance Junkie records either outcome.

Who may represent an employee at a hearing?

Commonly a fellow employee or a shop steward of a recognised union, as set out in the disciplinary code. External legal representation is usually only allowed in limited circumstances.

How long does an employee have to refer an unfair dismissal dispute?

Generally 30 days from the date of dismissal, to the CCMA or a bargaining council with jurisdiction, under section 191 of the LRA. Late referrals require condonation.