7 min read
The hearing is not a formality: how to run a disciplinary enquiry that survives the CCMA
A solid investigation and a correctly served 48-hour notice still lose at the CCMA if the hearing itself is run as a rubber stamp. The chairperson, the order of proceedings, and the gap between finding guilt and deciding sanction are where most procedural cases quietly fall apart.
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The investigation nobody documents: the step that wins or loses your case before the hearing starts
The Code of Good Practice says a misconduct investigation does not have to be formal — and small employers hear that as 'optional'. It is not. The investigation is where you decide whether you even have a case, and where most CCMA losses are quietly set up weeks before the hearing.
Read note6 min read
The 48-hour rule: why 'reasonable notice' sinks more dismissals than you think
The '48-hour rule' for a disciplinary hearing notice is not actually written into the Code of Good Practice. The CCMA treats it as the working floor — and small employers who treat it as a target rather than a minimum lose their cases on procedure.
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CCMA awards in 2025: how much can an employer actually lose?
CCMA arbitrators can award up to 12 months' salary for unfair dismissal and 24 months for automatically unfair dismissal. Here is what drives the number up — and what keeps it down.
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Schedule 8 is gone: What SA employers need to know about GN 3470
The Code of Good Practice: Dismissal was republished as a standalone instrument in September 2025. Schedule 8 of the LRA no longer exists. Here is what changed and what it means for your disciplinary process.
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