Standard charge formulation
It is alleged that on or about [DATE], at [LOCATION], you assaulted / threatened / harassed [COMPLAINANT] by [CONDUCT], which constitutes serious misconduct in breach of the Company Disciplinary Code and Harassment Policy.
Statutory guidance
| Statutory reference | LRA Schedule 8 (Code of Good Practice: Dismissal, 2025); Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (2022); Employment Equity Act s6(3) |
|---|---|
| First-offence sanction guideline | Dismissal is generally appropriate for proven assault or serious harassment; provocation and self-defence must be considered. |
| Category | Misconduct |
CCMA procedural fairness checklist
- Complainant statement taken promptly and confidentially
- Independent witnesses identified
- Self-defence or provocation investigated
- Complainant protected from victimisation
- Consider separating the parties pending hearing
- Medical reports or photos of injuries obtained
Frequently asked questions
- Can an employee be dismissed for a first assault?
- Yes. Assault is regarded as serious misconduct, and dismissal for a first offence is commonly upheld, subject to self-defence and provocation.
- What employer duties apply to harassment complaints?
- Employers must investigate and act under the Code of Good Practice on Harassment. Failure to act can make the employer liable under the Employment Equity Act.
- Does conduct outside the workplace count?
- It can, where there is a sufficient link to the employment relationship, for example assault on a colleague at a work function.