🏢 Company Rights Guide

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Your Step‑by‑Step Companion for Fair Workplace Management


1. Disciplinary Hearings

What the company must do:

  • Give the employee written notice at least 48 hours before the hearing.

  • Allow the employee to bring a representative or colleague.

  • Present evidence and witnesses clearly and fairly.

  • Use a neutral chairperson who was not involved in the incident.

  • Provide a written outcome after the hearing.

Checklist for preparation:

  • Gather all relevant documents and witness statements.

  • Ensure policies and procedures are followed.

  • Keep minutes of the hearing for record‑keeping.

2. Charge Sheet – What It Should Include

  • Clear description of the alleged misconduct.

  • Date, time, and place of the incident.

  • The specific rule or policy breached.

  • Avoid vague wording like “poor attitude.”

Example: “On 10 May 2026, the employee failed to follow safety protocol as per Policy XYZ.”

3. Grievance Handling

Steps for management:

  1. Acknowledge receipt of the grievance in writing.

  2. Investigate within 5 working days.

  3. Meet with the employee to discuss findings.

  4. Provide a written response and resolution plan.

Tip: Keep all grievance records confidential and factual.

4. Leave & Family Rights

Company responsibilities:

  • Track leave accurately and ensure compliance with BCEA.

  • Inform employees of their leave balances.

  • Process UIF claims for maternity leave promptly.

  • Respect family responsibility leave requests.

5. CCMA Pathway

When the company is involved:

  • Respond to CCMA referrals within the given timeframe.

  • Attend conciliation and arbitration sessions.

  • Bring all relevant documents and witnesses.

  • Follow CCMA rulings or appeal through the Labour Court if necessary.

6. FAQs

  • Can the company dismiss without a hearing? → No, that’s unfair dismissal.

  • What if the employee doesn’t attend? → Proceed in absentia if properly notified.

  • Can warnings expire? → Yes, usually after 6–12 months, depending on policy.

Leslie

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