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Notice of Disciplinary Hearing Template – South Africa
A Notice of Disciplinary Hearing is the procedural foundation of any defensible dismissal in South Africa. It must give the employee adequate notice, set out the specific charges, identify the chairperson and confirm the employee's rights — failure on any of these is the most common reason the CCMA sets dismissals aside. Our free South African template implements every Schedule 8 minimum and aligns with the 2025 Code of Good Practice on Dismissal (effective 4 September 2025).
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Meridian Group (Pty) Ltd
22 Fredman Drive, Sandton, Johannesburg 2196
+27 11 234 5678
hr@meridiangroup.co.za
18 May 2026
Ayanda Dlamini
47 Berea Road, Durban 4001
SA ID: 9001015009087
Employee No: EMP-04217
SA ID: 9001015009087
Employee No: EMP-04217
RE
NOTICE OF DISCIPLINARY HEARING — REF HR-DH-2026-0086
Dear Ayanda Dlamini,
You are hereby formally notified that a disciplinary hearing will be convened against you in your capacity as Senior Software Engineer in the Technology and Innovation department, reporting to Thandi Nkosi, Head of Engineering, of Meridian Group (Pty) Ltd. The hearing is convened in accordance with the Company's Disciplinary Code, the principles of procedural fairness set out in Schedule 8 (Code of Good Practice: Dismissal) to the Labour Relations Act 66 of 1995 (LRA), the audi alteram partem principle, and the consolidated 2025 Code of Good Practice on Dismissal (effective 4 September 2025).
1. DATE, TIME AND VENUE
The hearing will take place on 26 May 2026 at 09:30, in person, at Boardroom 2, 22 Fredman Drive, Sandton — 1st floor. This notice gives you five (5) working days from the date of this letter, which the Company considers reasonable to enable you to prepare your case.
The hearing will take place on 26 May 2026 at 09:30, in person, at Boardroom 2, 22 Fredman Drive, Sandton — 1st floor. This notice gives you five (5) working days from the date of this letter, which the Company considers reasonable to enable you to prepare your case.
2. CHARGES
The following charges are brought against you:
Charge 1: On 12 May 2026 at approximately 10:42, at the Company's Sandton head office, you used inappropriate and abusive language directed at your line manager, Ms Thandi Nkosi, in the presence of colleagues. This conduct constitutes a breach of Clause 6.1 of the Company Disciplinary Code (respectful workplace conduct).
Charge 2: On the same date and at the same time, you arrived at work at 10:42 instead of the scheduled 08:30 start, without notifying your line manager, contrary to Clause 4.2 of the Company Disciplinary Code (punctuality and attendance) and your existing First Written Warning dated 22 March 2026.
Charge 3: In the alternative to Charge 1, gross insubordination by refusing a lawful and reasonable instruction from your line manager to return to your workstation when she addressed your late arrival.
The following charges are brought against you:
Charge 1: On 12 May 2026 at approximately 10:42, at the Company's Sandton head office, you used inappropriate and abusive language directed at your line manager, Ms Thandi Nkosi, in the presence of colleagues. This conduct constitutes a breach of Clause 6.1 of the Company Disciplinary Code (respectful workplace conduct).
Charge 2: On the same date and at the same time, you arrived at work at 10:42 instead of the scheduled 08:30 start, without notifying your line manager, contrary to Clause 4.2 of the Company Disciplinary Code (punctuality and attendance) and your existing First Written Warning dated 22 March 2026.
Charge 3: In the alternative to Charge 1, gross insubordination by refusing a lawful and reasonable instruction from your line manager to return to your workstation when she addressed your late arrival.
3. CHAIRPERSON
The hearing will be chaired by Sipho Mthembu, Chief Operating Officer, who is impartial and has not been involved in the underlying incident or its investigation. The Company's case will be presented by Thandi Nkosi, Head of Engineering.
The hearing will be chaired by Sipho Mthembu, Chief Operating Officer, who is impartial and has not been involved in the underlying incident or its investigation. The Company's case will be presented by Thandi Nkosi, Head of Engineering.
4. RIGHT TO REPRESENTATION
You have the right to be represented at the hearing by a fellow employee of your choice or a representative of a recognised trade union. You are urged to exercise this right and to ensure that your representative is available on the date of the hearing. The Company expressly confirms that this right is non-derogable and arises under Item 4 of Schedule 8 (Code of Good Practice: Dismissal) to the LRA.
You have the right to be represented at the hearing by a fellow employee of your choice or a representative of a recognised trade union. You are urged to exercise this right and to ensure that your representative is available on the date of the hearing. The Company expressly confirms that this right is non-derogable and arises under Item 4 of Schedule 8 (Code of Good Practice: Dismissal) to the LRA.
5. EVIDENCE AND DISCLOSURE
You are entitled to inspect the documentary evidence that the Company intends to rely on before the hearing. Please contact the signatory of this letter to make arrangements.
You are entitled to inspect the documentary evidence that the Company intends to rely on before the hearing. Please contact the signatory of this letter to make arrangements.
6. RIGHT TO CALL WITNESSES AND LEAD EVIDENCE
You are entitled to call witnesses in your defence, to lead evidence and to cross-examine the Company's witnesses. Please notify the signatory of this letter in advance of the names of any witnesses you intend to call so that arrangements can be made.
You are entitled to call witnesses in your defence, to lead evidence and to cross-examine the Company's witnesses. Please notify the signatory of this letter in advance of the names of any witnesses you intend to call so that arrangements can be made.
7. INTERPRETER
If you are not fluent in the language in which the hearing will be conducted, you may request an interpreter at no cost to you. Please notify the signatory of this letter at least 24 hours before the hearing so that arrangements can be made. This is consistent with the language-accommodation requirement under the 2025 Code of Good Practice on Dismissal (4 September 2025).
If you are not fluent in the language in which the hearing will be conducted, you may request an interpreter at no cost to you. Please notify the signatory of this letter at least 24 hours before the hearing so that arrangements can be made. This is consistent with the language-accommodation requirement under the 2025 Code of Good Practice on Dismissal (4 September 2025).
8. PRECAUTIONARY SUSPENSION
With effect from the date of this letter until the conclusion of the disciplinary process, you are placed on precautionary suspension on full pay. The basis for this suspension is The Employee's continued presence in the workplace pending the hearing would compromise the integrity of the investigation, may intimidate the witnesses (who are direct subordinates of the line manager) and undermines workplace relations in the Engineering team during the investigation period.. The precautionary suspension is not a disciplinary sanction and is consistent with the principles confirmed in Long v South African Breweries (Pty) Ltd and Others 2019 (5) BCLR 609 (CC). During the suspension you must remain available for the hearing and any related investigation, and you must return all Company property except as required for the preparation of your defence.
With effect from the date of this letter until the conclusion of the disciplinary process, you are placed on precautionary suspension on full pay. The basis for this suspension is The Employee's continued presence in the workplace pending the hearing would compromise the integrity of the investigation, may intimidate the witnesses (who are direct subordinates of the line manager) and undermines workplace relations in the Engineering team during the investigation period.. The precautionary suspension is not a disciplinary sanction and is consistent with the principles confirmed in Long v South African Breweries (Pty) Ltd and Others 2019 (5) BCLR 609 (CC). During the suspension you must remain available for the hearing and any related investigation, and you must return all Company property except as required for the preparation of your defence.
9. REFERENCE TO PRIOR WARNINGS
The Company places you on notice of the following active prior warning(s), to which it may refer at the sanction phase of the hearing:
You currently have an active First Written Warning dated 22 March 2026 (valid until 22 September 2026) for the same subject matter (punctuality and attendance). The Employer reserves the right to refer to this warning in any sanction phase of the hearing.
The Company places you on notice of the following active prior warning(s), to which it may refer at the sanction phase of the hearing:
You currently have an active First Written Warning dated 22 March 2026 (valid until 22 September 2026) for the same subject matter (punctuality and attendance). The Employer reserves the right to refer to this warning in any sanction phase of the hearing.
10. AGGRAVATING FACTORS
The Company identifies the following aggravating factors that may be taken into account at the sanction phase of the hearing:
The misconduct occurred in front of two junior colleagues, undermining the line manager's authority and harming workplace relations. The Employee occupies a senior technical position where a higher standard of professional conduct is expected. The verbal exchange was witnessed by direct subordinates of the line manager, with potential reputational consequences for her authority going forward.
The Company identifies the following aggravating factors that may be taken into account at the sanction phase of the hearing:
The misconduct occurred in front of two junior colleagues, undermining the line manager's authority and harming workplace relations. The Employee occupies a senior technical position where a higher standard of professional conduct is expected. The verbal exchange was witnessed by direct subordinates of the line manager, with potential reputational consequences for her authority going forward.
11. WITNESSES THE COMPANY INTENDS TO CALL
The Company intends to call the following witnesses at the hearing:
1. Ms Thandi Nkosi (Head of Engineering, line manager) — direct witness to the incident. 2. Mr Sipho Mthembu (junior engineer) — colleague present during the verbal exchange. 3. Ms Lerato Naidoo (graduate engineer) — colleague present during the verbal exchange.
The Company intends to call the following witnesses at the hearing:
1. Ms Thandi Nkosi (Head of Engineering, line manager) — direct witness to the incident. 2. Mr Sipho Mthembu (junior engineer) — colleague present during the verbal exchange. 3. Ms Lerato Naidoo (graduate engineer) — colleague present during the verbal exchange.
12. DOCUMENTS THE COMPANY WILL RELY ON
The Company will rely on the following documents at the hearing. A bundle will be circulated to you and your representative at least 48 hours before the hearing.
1. Company Disciplinary Code (clauses 4.2 and 6.1). 2. First Written Warning dated 22 March 2026 (reference HR-DW-2026-0067). 3. Attendance register for the period 1 January – 12 May 2026. 4. Email exchange between line manager and Employee dated 12 May 2026 at 10:51 and 11:24. 5. Sworn affidavits from Mr Mthembu and Ms Naidoo dated 14 May 2026.
The Company will rely on the following documents at the hearing. A bundle will be circulated to you and your representative at least 48 hours before the hearing.
1. Company Disciplinary Code (clauses 4.2 and 6.1). 2. First Written Warning dated 22 March 2026 (reference HR-DW-2026-0067). 3. Attendance register for the period 1 January – 12 May 2026. 4. Email exchange between line manager and Employee dated 12 May 2026 at 10:51 and 11:24. 5. Sworn affidavits from Mr Mthembu and Ms Naidoo dated 14 May 2026.
13. EMPLOYEE'S RECIPROCAL DISCLOSURE
You are requested to provide your own witness list and any documents on which you intend to rely by no later than 24 May 2026, so that the chairperson has adequate time to consider them. The Company offers a pre-hearing meeting between the parties or their representatives to identify points of agreement, narrow the issues in dispute and confirm logistical arrangements.
You are requested to provide your own witness list and any documents on which you intend to rely by no later than 24 May 2026, so that the chairperson has adequate time to consider them. The Company offers a pre-hearing meeting between the parties or their representatives to identify points of agreement, narrow the issues in dispute and confirm logistical arrangements.
14. CHAIRPERSON'S POWERS
The chairperson is empowered to: (a) admit or exclude evidence in accordance with the rules of natural justice (Avril Elizabeth Home v CCMA 2006 — workplace hearings are not bound by formal evidence rules but must be fair); (b) call additional witnesses or order the production of documents where necessary; (c) regulate the conduct of the hearing, including breaks and adjournments; (d) make a finding on the balance of probabilities; and (e) impose any sanction set out in the Company's Disciplinary Code, up to and including dismissal where the Code authorises this.
The chairperson is empowered to: (a) admit or exclude evidence in accordance with the rules of natural justice (Avril Elizabeth Home v CCMA 2006 — workplace hearings are not bound by formal evidence rules but must be fair); (b) call additional witnesses or order the production of documents where necessary; (c) regulate the conduct of the hearing, including breaks and adjournments; (d) make a finding on the balance of probabilities; and (e) impose any sanction set out in the Company's Disciplinary Code, up to and including dismissal where the Code authorises this.
15. POSTPONEMENT
You may apply in writing to the chairperson, with reasons, for a single postponement of the hearing on good cause shown (for example, unavailability of your chosen representative, illness supported by a medical certificate, or the need for additional time to prepare). Applications for postponement should be made as soon as possible and not later than 24 hours before the hearing. The chairperson has discretion to grant, refuse or limit the postponement.
You may apply in writing to the chairperson, with reasons, for a single postponement of the hearing on good cause shown (for example, unavailability of your chosen representative, illness supported by a medical certificate, or the need for additional time to prepare). Applications for postponement should be made as soon as possible and not later than 24 hours before the hearing. The chairperson has discretion to grant, refuse or limit the postponement.
16. DEFAULT — FAILURE TO ATTEND
Should you fail to attend the hearing without acceptable cause, or fail to apply for a postponement, the chairperson is entitled to proceed with the hearing in your absence on the evidence presented. You are urged to attend and to participate in your own defence — failure to do so may significantly limit your ability to challenge any adverse finding.
Should you fail to attend the hearing without acceptable cause, or fail to apply for a postponement, the chairperson is entitled to proceed with the hearing in your absence on the evidence presented. You are urged to attend and to participate in your own defence — failure to do so may significantly limit your ability to challenge any adverse finding.
17. COMMUNICATION OF OUTCOME
The chairperson will issue the outcome of the hearing in writing within five (5) working days of the close of the hearing. The outcome will set out the chairperson's finding on each charge, the sanction (if any), and your right of internal appeal in accordance with the Company's Disciplinary Code.
The chairperson will issue the outcome of the hearing in writing within five (5) working days of the close of the hearing. The outcome will set out the chairperson's finding on each charge, the sanction (if any), and your right of internal appeal in accordance with the Company's Disciplinary Code.
ACKNOWLEDGEMENT
By signing below, you acknowledge receipt of this Notice of Disciplinary Hearing. Your signature does not indicate agreement with the charges — you retain the full right to defend the charges at the hearing. Should you refuse to sign, a witness will be requested to record service of this notice.
By signing below, you acknowledge receipt of this Notice of Disciplinary Hearing. Your signature does not indicate agreement with the charges — you retain the full right to defend the charges at the hearing. Should you refuse to sign, a witness will be requested to record service of this notice.
YOURS SINCERELY,
Pieter van der Merwe
Head of Human Resources
Date: ____________________
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What Is a Notice of Disciplinary Hearing?
A Notice of Disciplinary Hearing is a written invitation served on an employee, formally requiring them to attend a disciplinary hearing on a specified date and time, to answer specified charges of misconduct or incapacity. The notice is the procedural backbone of the hearing — it converts an internal investigation into a formal proceeding that, if conducted fairly, will support any sanction (including dismissal) that the chairperson imposes.
Under South African labour law the notice must comply with the audi alteram partem ("hear the other side") rule. The Labour Court in Avril Elizabeth Home for the Mentally Handicapped v CCMA (2006) 27 ILJ 1644 (LC) confirmed that a workplace disciplinary hearing is not a criminal trial — formal rules of evidence do not apply — but the employee must have a real and meaningful opportunity to be heard. That requires advance notice of the charges, adequate time to prepare, the right to be represented, the right to call witnesses and the right to inspect the evidence relied on. The Constitutional Court restated these principles in Sidumo v Rustenburg Platinum Mines 2007 (12) BLLR 1097 (CC).
The new 2025 Code of Good Practice on Dismissal (effective 4 September 2025) consolidates the previous Schedule 8 and the 1999 Operational Requirements Code into a single dismissal framework. Small employers are expressly permitted to use less formal procedures for minor misconduct, but the core fairness elements — notice, opportunity to be heard, and an impartial decision-maker — remain non-negotiable. The 2025 Code also requires that allegations be communicated in a language the employee can reasonably understand, which means an interpreter must be available on request where the employee's primary language differs from the language of the hearing.
What's Covered in This Template
Our South African Notice of Disciplinary Hearing template implements every Schedule 8 minimum, plus expert-tier procedural safeguards.
Employer and Employee Details
Employer name, HR signatory and reference number; employee full name, SA ID, position, department and line manager.
Date, Time, Venue and Format
Hearing date, start time, venue (or video conferencing link), in-person / virtual / hybrid format.
Notice Period Selector
48 hours, 72 hours, 5, 7 or 10 working days — defaulted to 5 days for multi-charge matters.
Chairperson and Initiator
Names and positions of the impartial chairperson and the person presenting the Company's case.
Three Charges
Up to three specific charges, supporting "in the alternative" charge wording for the same incident.
Right to Representation
Fellow employee only, fellow employee or trade union representative, or — exceptionally — legal practitioner.
Right to Inspect Evidence
Confirmation that documentary evidence may be inspected before the hearing.
Interpreter on Request
Mandatory under the 2025 Code where the employee's primary language differs from the hearing language.
Precautionary Suspension (Expert)
Full-pay suspension during the hearing process, with Long v SAB (2019 CC) framework.
Witness List & Document Bundle (Expert)
Employer's witnesses and documents with employee reciprocal disclosure deadline.
Pre-Hearing Meeting (Expert)
Optional pre-hearing meeting to narrow issues and shorten the contested portion.
Procedural Safeguards (Expert)
Chairperson powers, postponement policy, in absentia default procedure and outcome timeframe.
How to Create a Notice of Disciplinary Hearing in South Africa
Follow these steps to issue a procedurally bulletproof Notice of Disciplinary Hearing under the LRA and the 2025 Code.
- 1
Set Date, Time, Venue and Format
Pick a date that gives the employee at least 48 hours for simple matters or 5+ working days for multi-charge / complex matters. Decide in-person, virtual or hybrid.
- 2
Pick an Impartial Chairperson
The chairperson must not have been involved in the incident or its investigation, and must not be in the complainant's chain of command.
- 3
Draft Specific Charges
State who, what, when, where and the exact rule breached for each charge. Use "in the alternative" wording for charges arising from the same incident.
- 4
Confirm Rights and Disclosure
Set out the right to representation, evidence inspection, witness calling and interpreter — these are non-negotiable procedural requirements.
- 5
Serve and Sign
Serve in person or by registered email, obtain acknowledgement of receipt (or witness signature if the employee refuses to sign), and file the notice with the disciplinary record.
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Legal Considerations
A defective Notice of Disciplinary Hearing routinely leads to procedurally unfair dismissals and CCMA reinstatement orders.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified South African attorney or registered labour practitioner for advice specific to your situation.
Reviewed for South African law
Schedule 8 Procedural Fairness — Audi Alteram Partem
Schedule 8 of the LRA requires that the employer conduct an investigation, notify the employee of allegations using a form and language they can reasonably understand, give the employee a reasonable time to prepare a response with the assistance of a trade union representative or fellow employee, communicate the decision and provide reasons in writing. The Labour Court in Avril Elizabeth Home v CCMA (2006) confirmed that workplace hearings are not bound by criminal evidence rules, but the audi alteram partem rule — the employee's right to be heard before an adverse decision — is non-derogable. Failure to give reasonable notice of the charges, the most common procedural defect, will almost invariably result in a finding of procedural unfairness at the CCMA.
Notice Period — How Much Time Is Enough?
There is no fixed statutory minimum for the period between the notice and the hearing — courts and the CCMA apply a "reasonableness" test that depends on the complexity of the matter. The widely-accepted bare minimum is 48 hours, which translates to two full working days. For multiple charges, complex factual disputes, or where the employee will need to gather their own documents and witnesses, 5 to 10 working days is appropriate. The Labour Court has set aside dismissals where the notice period was insufficient to allow meaningful preparation. Where the employee asks for additional time, the chairperson should ordinarily grant at least one postponement on good cause shown.
Right to Representation — Scope and Limits
The Schedule 8 default is that an employee is entitled to be represented by a fellow employee or a recognised trade union representative. Legal representation by an attorney is exceptional and may be permitted at the chairperson's discretion in complex matters, particularly where the employee faces serious consequences (dismissal of a senior employee), where the case turns on complex legal issues, or where the employer is itself legally represented at the hearing. Refusing all representation is procedurally unfair; refusing legal representation in a simple matter, when the employee is offered fellow-employee representation, is generally not unfair.
Frequently Asked Questions
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