Disciplinary Hearings and Warnings in South Africa

Disciplinary hearings, warnings and suspensions in South Africa are governed by the Labour Relations Act 66 of 1995 (the LRA) and, since 4 September 2025, by a new Code of Good Practice: Dismissal. This guide explains what that Code says about fair discipline, what it does not say, and what an employee can do when a disciplinary process ends in a sanction or a dismissal.

This guide is general legal information, not legal advice. For advice on your own situation, consult an attorney, or contact Legal Aid South Africa (0800 110 110) if you cannot afford one.

Information last verified on 25 October 2026. This page covers discipline for misconduct. Dismissal for poor performance, ill health or operational requirements is dealt with in other parts of the Code and is not summarised here.

The 2025 Code of Good Practice: Dismissal

The Minister of Employment and Labour issued the Code of Good Practice: Dismissal under General Notice 3470 of 2025, published in Government Gazette 53294 on 4 September 2025. The gazette notice says the Code takes effect on the date of publication and that its publication repeals the old Schedule 8 Code of Good Practice on Dismissal, along with the 1999 Code of Good Practice on dismissals based on operational requirements.

A code of good practice is guidance, but it carries legal weight. Section 188(2) of the LRA says anyone considering whether a dismissal was for a fair reason and followed a fair procedure "must take into account any relevant code of good practice", and section 203(3) applies the same rule to anyone interpreting or applying the Act. A commissioner deciding a dismissal dispute will therefore measure your employer's process against this Code.

The Code is deliberately flexible. Section 2(1) says it "is intentionally general. Each case is unique, and departures from the norms established by this Code may be justified in proper circumstances." Section 2(3) adds that it "does not alter the rights and obligations created under a collective agreement", so a disciplinary procedure agreed with a union still applies.

Discipline Is Meant to Correct, Not Punish

Section 6(2) of the Code says "the purpose of implementing disciplinary processes is corrective", primarily "a means to correct an employee's behaviour through graduated disciplinary measures". A footnote explains that these measures "may, depending on the circumstances, include counselling, warnings, suspension and a final warning."

The Code does not expect a formal process for every lapse. Section 6(6) says "formal procedures do not have to be invoked every time a rule is broken", that informal advice and correction is often the best way to deal with minor violations, and that "repeated misconduct will warrant warnings, which themselves may be graded according to degrees of severity."

Size matters too. Section 3 says the Code should not be read as requiring small businesses to meet obligations that are not practical or feasible for them, and section 6(3) says smaller employers "may adopt a less formal approach to discipline." Section 6(5) says written disciplinary rules are preferable, "especially" for medium and larger employers, and section 6(7) allows an employer to depart from its own rules and procedures "if there is a justification for doing so."

Warnings and Final Written Warnings

The Code describes a ladder rather than fixed steps. Repeated misconduct warrants warnings graded by severity, and section 6(6) says "more serious infringements or repeated misconduct may call for a final warning or dismissal." The Code does not prescribe a verbal warning, a written warning and a final written warning in that order; those labels come from employers' own disciplinary codes.

The Code does not set an expiry period for warnings. There is no rule in it that a written warning lapses after six months or a final written warning after twelve. Where a validity period exists at your workplace, it comes from your employer's disciplinary code, your contract or a collective agreement, so that is the document to check.

Section 13 of the Code says employers "should keep records for each employee specifying the nature of any disciplinary transgressions, the actions taken by the employer and the reasons for the actions." Your disciplinary record is also one of the factors the Code lists when an employer decides whether dismissal is appropriate.

If you believe a warning was unfair, it can be challenged. A warning is disciplinary action short of dismissal, which falls within the definition of an unfair labour practice in section 186(2)(b) of the LRA, with a 90-day referral period.

When Misconduct Can Justify Dismissal

Section 7(1) of the Code says "an employee may be dismissed for serious misconduct if the misconduct renders the continuation of the employment relationship intolerable." Section 7(2) adds that serious misconduct "may be a single instance of misconduct or repeated misconduct where graduated disciplinary measures have been implemented."

Section 8 lists what anyone deciding a sanction should consider: whether the employee broke a workplace rule or standard; whether that rule was valid and reasonable; whether the employee was aware, or could reasonably be expected to have been aware, of it; how important the rule is; the actual or potential harm caused; whether the employer has applied the rule consistently; and whether dismissal is an appropriate sanction.

Section 9 says that "generally, dismissal is only an appropriate sanction if a continued employment relationship is intolerable." The factors include the nature of the job, the seriousness of the misconduct, "whether progressive discipline might prevent a recurrence of the misconduct", any acknowledgement of wrongdoing, and the employee's circumstances, "including length of service, disciplinary record and the effect of dismissal on the employee". Section 10 asks employers to apply dismissal consistently, both over time and between employees involved in the same misconduct.

What a Fair Procedure Requires

The Code does not use the phrase "disciplinary hearing". It speaks of a fair procedure, and section 11(1) explains its purpose: "to ensure a genuine dialogue and an opportunity for reflection before any decision is taken." Section 11(2) says a fair procedure is one in which the employee "has been given an adequate and reasonable opportunity to respond to the allegation of misconduct."

Section 11(3) says "an investigation or enquiry does not have to be formal", and its nature should suit the circumstances, including the type of allegation and the nature and size of the employer. A sit-down meeting with a chairperson is common practice, and many disciplinary codes require it, but the Code itself does not.

Section 11(4) sets out what should usually happen before a decision to dismiss. The employee should be:

• "notified of the allegations of misconduct, preferably in writing";
• "given an opportunity within a reasonable period of time to prepare and make representations on both the misconduct allegations and the appropriate sanction";
• "allowed the assistance of a fellow employee or trade union representative"; and
• "where reasonably possible, provided with the opportunity to converse in a language that the employee is comfortable with."

Section 11(5) says the allegations "should be made available or explained in sufficient detail to allow the employee to understand them." Under section 11(6), an employer may dispense with some or all of these steps only in exceptional circumstances, and the Code warns that the employer "may be obliged to justify non-compliance" if the employee later disputes the procedural fairness of the dismissal. Section 11(7) says discipline against a trade union representative or union office-bearer should not start without first informing and consulting the union.

Who Can Represent You

The Code's wording is narrow: the employee should be "allowed the assistance of a fellow employee or trade union representative." It does not mention attorneys, family members or outside consultants, so the Code gives no right to be represented by any of them at an internal enquiry.

That is the floor, not necessarily the ceiling. Because the Code does not alter a collective agreement, and because your employer's own disciplinary code may say more, check both. The rules at the CCMA are different again and are covered in our CCMA referral guide.

There is one statutory alternative to an internal enquiry. Section 188A of the LRA lets an employer, with the employee's consent or in accordance with a collective agreement, ask the CCMA, a bargaining council or an accredited agency to appoint an arbitrator to hold an inquiry into the allegations (sometimes called a pre-dismissal arbitration). The employer pays the prescribed fee, the employee may generally consent only after being told of the allegation, and in that process a party may be represented by a co-employee, a union official or, if the parties agree or the arbitrator permits it, a legal practitioner. Employees earning above the BCEA earnings threshold may agree to it in advance in their employment contract.

Precautionary Suspension

A precautionary suspension keeps an employee away from work while the employer investigates. It is different from a suspension imposed as a disciplinary sanction, which the Code lists among graduated measures.

The leading case is Long v South African Breweries (Pty) Ltd [2019] ZACC 7, decided by the Constitutional Court on 19 February 2019. The Court said the Labour Court's finding "that an employer is not required to give an employee an opportunity to make representations prior to a precautionary suspension, cannot be faulted", because the suspension "was a precautionary measure, not a disciplinary one." Where a suspension is precautionary and not punitive, the requirements for fair disciplinary action do not apply.

That does not make a precautionary suspension immune from challenge. The Court endorsed the Labour Court's test: fairness is assessed by asking "whether there is a fair reason for suspension and secondly, whether it prejudices the employee." The Labour Court had said the suspension must be linked to a pending investigation and serve to protect the integrity of that process, and the Constitutional Court noted that "generally where the suspension is on full pay, cognisable prejudice will be ameliorated."

Two limits on what Long decided are worth knowing. The Court refused leave to appeal on the merits and only set aside a costs order, so its comments on suspension endorse the Labour Court rather than create a new rule. And it did not say a suspension may last indefinitely. The Code's misconduct provisions do not set a maximum period; a collective agreement or sector rule may. An unfair suspension, precautionary or punitive, can be referred as an unfair labour practice under section 186(2)(b) of the LRA.

What Happens After the Disciplinary Process

If the outcome is a sanction short of dismissal, such as a final written warning, a demotion or a suspension imposed as a sanction, the route is an unfair labour practice referral to the CCMA, or to a bargaining council with jurisdiction, within 90 days under section 191(1)(b)(ii) of the LRA.

If you are dismissed, the referral must be made within 30 days of the dismissal or, if it is later, within 30 days of the employer making a final decision to dismiss or uphold the dismissal (section 191(1)(b)(i)). A late referral needs condonation on good cause under section 191(2). Our CCMA referral guide explains Form 7.11, service on the employer and con-arb, and our unfair dismissal guide explains substantive and procedural fairness, reinstatement and compensation caps.

A failure to follow a fair procedure matters even where the employer had good grounds. Under section 193(2)(d) of the LRA, the usual requirement to reinstate does not apply where a dismissal is unfair only because the employer did not follow a fair procedure, which leaves compensation as the likely remedy.

Related Reading

For the dispute you can bring over a warning, suspension, demotion or promotion decision, see unfair labour practice. If your job ended through retrenchment rather than discipline, see retrenchment and severance pay, and for the notice you are owed on any termination, see notice periods. The South Africa labour law section links every guide in this series, and the South Africa Laws hub covers the wider site.

Frequently Asked Questions

Can I bring an attorney to my disciplinary hearing?

The Code of Good Practice: Dismissal only says the employee should be allowed the assistance of a fellow employee or trade union representative. It does not give a right to an attorney at an internal enquiry. Your employer's disciplinary code or a collective agreement may allow more, so check what applies at your workplace.

Does my employer have to hold a formal disciplinary hearing before dismissing me?

No. Section 11(3) of the Code says an investigation or enquiry does not have to be formal, and its nature should suit the allegation and the size of the employer. What matters is that you were told of the allegations and had an adequate and reasonable opportunity to respond before the decision was taken.

How long does a final written warning stay valid?

The Code does not say. It sets no expiry period for any warning, so the answer depends on your employer's disciplinary code, your contract or a collective agreement. If none of them sets a period, the Code itself does not supply one.

Can I be dismissed for a first offence?

It is possible. Section 7 of the Code says serious misconduct may be a single instance of misconduct where it renders the continued employment relationship intolerable. For less serious misconduct the Code expects graduated measures such as warnings first, and the person deciding the sanction must weigh factors such as your service, disciplinary record and whether progressive discipline might prevent a repeat.

Can my employer suspend me without hearing my side first?

For a precautionary suspension, yes. In Long v South African Breweries [2019] ZACC 7 the Constitutional Court agreed with the Labour Court that no opportunity to make representations is required before a precautionary suspension. The suspension still needs a fair reason, such as a pending investigation, and its prejudice to you is weighed, which full pay generally reduces.

Can I ask for my disciplinary enquiry to be held in my own language?

Section 11(4)(d) of the Code says the employee should, where reasonably possible, be given the opportunity to converse in a language the employee is comfortable with. It is framed as reasonable accommodation, not an absolute right to an interpreter in every case.

Can I challenge a warning I think is unfair?

A warning is disciplinary action short of dismissal, which falls within the unfair labour practice definition in section 186(2)(b) of the Labour Relations Act. A dispute about it can be referred to the CCMA or a bargaining council within 90 days of the warning, or of when you became aware of it if that is later.