[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-0-en-105":3,"doc-seo-502379-105":59,"doc-detail-502379-en":122},{"code":4,"msg":5,"data":6},0,"success",[7,13,18,23,28,33,38,43,48,51,55],{"id":8,"doc_module":4,"doc_module_name":9,"category_name":10,"show_sort_weight":11,"slug":12},1,"Document","Story & Novel",90,"story-novel",{"id":14,"doc_module":4,"doc_module_name":9,"category_name":15,"show_sort_weight":16,"slug":17},2,"Literature",80,"literature",{"id":19,"doc_module":4,"doc_module_name":9,"category_name":20,"show_sort_weight":21,"slug":22},4,"Exam",70,"exam",{"id":24,"doc_module":4,"doc_module_name":9,"category_name":25,"show_sort_weight":26,"slug":27},5,"Comic",60,"comic",{"id":29,"doc_module":4,"doc_module_name":9,"category_name":30,"show_sort_weight":31,"slug":32},6,"Technology",50,"technology",{"id":34,"doc_module":4,"doc_module_name":9,"category_name":35,"show_sort_weight":36,"slug":37},7,"Healthcare",40,"healthcare",{"id":39,"doc_module":4,"doc_module_name":9,"category_name":40,"show_sort_weight":41,"slug":42},8,"Research & Report",30,"research-report",{"id":44,"doc_module":4,"doc_module_name":9,"category_name":45,"show_sort_weight":46,"slug":47},9,"Religion & Spirituality",20,"religion-spirituality",{"id":46,"doc_module":4,"doc_module_name":9,"category_name":49,"show_sort_weight":46,"slug":50},"World Cup","world-cup",{"id":52,"doc_module":4,"doc_module_name":9,"category_name":53,"show_sort_weight":52,"slug":54},10,"Lifestyle","lifestyle",{"id":56,"doc_module":4,"doc_module_name":9,"category_name":57,"show_sort_weight":24,"slug":58},19,"General","general",{"code":4,"msg":60,"data":61},"ok",{"site_id":62,"language":63,"slug":64,"title":65,"keywords":66,"description":67,"schema_data":68,"social_meta":115,"head_meta":117,"extra_data":119,"updated_unix":121},105,"en","revisiting-disciplinary-hearing-procedures-in-south-africa-october-2019-master-of-commerce-thesis","Revisiting disciplinary hearing procedures in South Africa - October 2019 Master of Commerce thesis","","Employers in South Africa often view employment laws as excessively burdensome, especially how disciplinary hearings are conducted and how CCMA arbitration requires stringent pre-dismissal compliance. To avoid perceived CCMA hurdles or to satisfy commissioners, many employers adopt lengthy, formal, criminal court-like proceedings, sometimes even embedding them in collective agreements. This qualitative study, using semi-structured interviews with eleven participants in Gauteng, clarifies fair-hearing procedural elements under the Labour Relations Act 66 of 1995 and related Code requirements.",{"@graph":69,"@context":114},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/revisiting-disciplinary-hearing-procedures-in-south-africa-october-2019-master-of-commerce-thesis/502379/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/revisiting-disciplinary-hearing-procedures-in-south-africa-october-2019-master-of-commerce-thesis/502379.png","ImageObject",300,407,{"name":92,"@type":93},"Mabel","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-24","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":39},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108],{"name":109,"@type":110,"acceptedAnswer":111},"What procedural standard does the study confirm for a fair disciplinary hearing?","Question",{"text":112,"@type":113},"The findings confirm that fair disciplinary hearings should follow the rules of natural justice, including giving the transgressing employee an opportunity to present their version of events and ensuring proper notification.","Answer","https://schema.org",{"og:url":83,"og:type":116,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":118,"canonical":83},"index,follow",{"doc_id":120,"site_id":62},502379,1791056803,{"code":4,"msg":5,"data":123},{"doc_id":120,"user_id":124,"nickname":92,"user_avatar":125,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":126,"file_id":127,"file_url":128,"file_type":129,"file_size":130,"view_count":39,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":131,"language":132,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":133,"faqs":134,"seo_title":135,"seo_description":67,"update_tm":136,"read_time":137},7971474920318,"https://ap-avatar.wpscdn.com/avatar/74000ee537e6b0ca360?x-image-process=image/resize,m_fixed,w_180,h_180&k=1788430171632181674","COPYRIGHT AND CITATION CONSIDERATIONS FOR THIS THESIS/ DISSERTATION  \no Attribution—You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.  \no NonCommercial—You may not use the material for commercial purposes.  \no ShareAlike—If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.  \nHow to cite this thesis  \nSurname, Initial(s) . (2012) . Title of the thesis or dissertation (Doctoral Thesis / Master’s Dissertation) . Johannesburg: University of Johannesburg. Available from:  \n[http://hdl.handle.net/102000/0002](http://hdl.handle.net/102000/0002) (Accessed: 22 August 2017) .  \nRevisiting disciplinary hearing procedures in South Africa  \nBy  \nTHOBANJALO NKABINDE  \nStudent Number: 201461829  \nSubmitted in fulfilment of the requirements for the degree Master of Commerce: Employment Relations  \nIn  \nThe Department of Industrial Psychology and People Management  \nAt the  \nUniversity of Johannesburg  \nSupervisor: Prof Wilfred I. Ukpere  \nOctober 2019  \nDECLARATION  \nI, Thobanjalo Euclid Nkabinde, affirm that this dissertation, presented towards the awarding of Mcom: Employment Relations, titled Revisiting disciplinary hearing procedures in South Africa , is my original work, which has not been previously submitted by me for a degree at any university. I further affirm that I have fully acknowledged the sources I cited in this dissertation.  \nSigned  \nDate  \n:   Thobanjalo Euclid Nkabinde  \n:    \nABSTRACT  \nEmployers perceive South African employment laws to be overly burdensome, particularly owing to the manner in which disciplinary hearings are conducted, and the stringent pre-dismissal requirements of the Commission for Conciliation Mediation and Arbitration (CCMA) for arbitration proceedings. Consequently, many employers have resorted to engaging in unnecessary, detailed and long drawn-out disciplinary procedures in an attempt to align themselves with CCMA requirements, as opposed to the Labour Relations Act 66 of 1995 in relation to disciplinary hearing procedures. Some employers have even incorporated these procedures into their collective agreements with trade unions in their respective workplaces in an attempt to avoid the CCMA. Here, employers are subjected to the same rigorous and legalistic processes during arbitration, as CCMA commissioners seem to be fixated on formalised processes, and expect employers to follow their formalised standards as a way of proving that dismissal was fair in terms of both procedure and substance.  \nThus, in their efforts to achieve this objective (fairness), employers have found themselves erroneously interpreting the procedural requirements for a fair hearing to mean that they must conduct a criminal court-like hearing, where they present volumes of evidence, and accused employees are afforded rights similar to those of a criminal respondent. This approach has resulted in long drawn-out and costly disciplinary hearings, with employers having to rely on the expertise of labour lawyers, advocatesand consultants who thrive on their clients’ (in this case employers) misery. Labour lawyers and consultants seem to have continued to compound the situation; not only by their participation in the employer’s internal processes, but also at the CCMA, with commissioners becoming accomplices by complicating provisions of the Labour Relations Act, No. 66 of 1995 in respect of procedural requirements. In fact, the Labour Relations Act 66 of 1995 requires nothing more from the employer other than to observe the audi alteram partem principle [hear the other side] .  \nVarious scathing judgements have been handed down by the Labour Court with a view to providing guidance to both employers and the CCMA in relation to the fair process that should be observed when conducting a disciplin","cbCaibFUNTP1syAs","https://ap.wps.com/l/cbCaibFUNTP1syAs","pdf",11670233,306,"English","# Abstract\n## Background and problem\n## Research objectives\n## Methodology\n## Key findings","[{\"question\":\"What procedural standard does the study confirm for a fair disciplinary hearing?\",\"answer\":\"The findings confirm that fair disciplinary hearings should follow the rules of natural justice, including giving the transgressing employee an opportunity to present their version of events and ensuring proper notification.\"}]","Revisiting disciplinary hearing procedures in South Africa - October 2019 Master of Commerce thesis | PDF",1791032340,771]