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Misconduct · Charge Sheet Template

General Misconduct / Breach of Company Rule (Plain-Language Charge) Charge Sheet & Hearing Pack

Prepare a plain-language misconduct charge sheet for South African employers: a clear factual allegation of a breached Company rule under the 2025 Dismissal Code.

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Step 1A · Describe the Incident & Instant 2025 Code Triage

Q1 — Conduct type
Q2 — Prior record
Q3 — Severity / impact

Step 1B · 2025 Code Recommendation & Formal Charge

  1. 1. Serve notice & charge sheet

    Docs 1 & 2 · Notice and receipt, ≥48h before hearing

  2. 2. Run hearing & record minutes

    Doc 3 · Chairperson script & investigation checklist

  3. 3. Record verdict & issue outcome

    Docs 4 & 5 · Outcome & certificate on termination

2025 Code Offence Guide & Sanction Rule — General Misconduct / Breach of Company Rule (Plain-Language Charge)

What must be proven: The rule or standard existed and was known (or could reasonably be expected to be known) by the employee; The rule is valid and reasonable

First-offence guideline: Depends on the seriousness of the breach: usually a verbal or written warning for a first minor breach; serious breaches may warrant a final warning or, after a fair hearing, dismissal.

LRA Schedule 8 (Code of Good Practice: Dismissal, 2025) items on fair reason and fair procedure

View 5-Point CCMA Evidence Checklist
  1. The rule or standard existed and was known (or could reasonably be expected to be known) by the employee
  2. The rule is valid and reasonable
  3. Clear factual evidence of what the employee did or failed to do, when and where
  4. The rule has been applied consistently to other employees
  5. The employee's version and any mitigating circumstances were considered

Recommended pack: Direct Warning. Consider evidence, consistency, mitigation and the employee’s response; no automatic finding or sanction.

Alternatively, Failure to Meet a Reasonable Workplace Standard: on the same incident facts, it is alleged that you conducted yourself in a manner falling short of a known, reasonable workplace standard of conduct expected of an employee in your position. This alternative requires its own supporting facts; it is not a separate cumulative finding or an automatic sanction.

Use only if the same incident evidence supports it. Alternatives appear on formal hearing charge sheets, not direct warnings.

Step 1C · People & Logistics

Where are you in the process?

Standard charge formulation

It is alleged that on or about [DATE], at [LOCATION], you committed misconduct and/or breached a Company rule or standard, in that you [CONDUCT], in breach of the Company Disciplinary Code.

Statutory guidance

Statutory referenceLRA Schedule 8 (Code of Good Practice: Dismissal, 2025) items on fair reason and fair procedure
First-offence sanction guidelineDepends on the seriousness of the breach: usually a verbal or written warning for a first minor breach; serious breaches may warrant a final warning or, after a fair hearing, dismissal.
CategoryMisconduct

CCMA procedural fairness checklist

  • The rule or standard existed and was known (or could reasonably be expected to be known) by the employee
  • The rule is valid and reasonable
  • Clear factual evidence of what the employee did or failed to do, when and where
  • The rule has been applied consistently to other employees
  • The employee's version and any mitigating circumstances were considered

Frequently asked questions

Must a charge sheet use a specific offence name?
No. The September 2025 Code of Good Practice: Dismissal requires that the employee understands the allegation. A clear, factual description of the conduct is more important than a technical offence label.
When should a plain-language charge be used?
Use it when the conduct does not neatly fit a listed offence, or when a label such as theft cannot yet be proven. Describe exactly what happened, when and where.
Can the charge be changed later?
Yes. If the facts disclose a more specific offence, the charge may be amended before the hearing, provided the employee receives proper notice of the change.