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Incapacity · Charge Sheet Template
Incompatibility & Irretrievable Breakdown of Working Relationship Charge Sheet & Hearing Pack
Process and charge guidance for incompatibility and irretrievable breakdown of the working relationship under the Sept 2025 Code.
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Step 1 · Offence & Statutory Guardrail Intake
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2025 Code Offence Guide & Sanction Rule — Incompatibility & Irretrievable Breakdown of Working Relationship
What must be proven: Identify the specific conduct causing the breakdown; Counsel the employee and set clear expectations.
First-offence guideline: Incompatibility is treated like incapacity: counsel the employee, identify the problem, give reasonable time to adjust, and consider alternatives before dismissal. Dismissal is a last resort after a fair process.
Recommended action mode: Direct Warning Pack — corrective discipline is usually appropriate for a first offence; escalate to a hearing for repeat or serious cases.
Example wording: It is alleged that your conduct, in that you as will be set out in evidence at the hearing, has rendered you incompatible with colleagues and/or the working environment, causing an irretrievable breakdown of the working relationship despite counselling and opportunities to adjust.
Or pick the closest symptom — we configure the charge, alternative and action mode:
No automatic alternative for this offence. Do not add an unsupported allegation.
Prior warnings on file
None recorded.
Understanding this offence: Incompatibility & Irretrievable Breakdown of Working Relationship
LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025) — incompatibility as a form of incapacity requiring counselling, not instant discipline.
Standard charge formulation
It is alleged that your conduct, in that you as will be set out in evidence at the hearing, has rendered you incompatible with colleagues and/or the working environment, causing an irretrievable breakdown of the working relationship despite counselling and opportunities to adjust.
First-offence sanction guideline: Incompatibility is treated like incapacity: counsel the employee, identify the problem, give reasonable time to adjust, and consider alternatives before dismissal. Dismissal is a last resort after a fair process.
CCMA procedural fairness checklist
Identify the specific conduct causing the breakdown
Counsel the employee and set clear expectations
Allow a reasonable period and support to adjust
Consider transfer or alternatives before dismissal
Document every step — incompatibility dismissals fail without a fair process
Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.
Standard charge formulation
It is alleged that your conduct, in that you [CONDUCT], has rendered you incompatible with colleagues and/or the working environment, causing an irretrievable breakdown of the working relationship despite counselling and opportunities to adjust.
Statutory guidance
Statutory reference
LRA 66 of 1995; Code of Good Practice: Dismissal (Sept 2025) — incompatibility as a form of incapacity requiring counselling, not instant discipline.
First-offence sanction guideline
Incompatibility is treated like incapacity: counsel the employee, identify the problem, give reasonable time to adjust, and consider alternatives before dismissal. Dismissal is a last resort after a fair process.
Category
Incapacity
CCMA procedural fairness checklist
Identify the specific conduct causing the breakdown
Counsel the employee and set clear expectations
Allow a reasonable period and support to adjust
Consider transfer or alternatives before dismissal
Document every step — incompatibility dismissals fail without a fair process
Frequently asked questions
Can I dismiss an employee for not fitting in?
Not directly. Incompatibility requires counselling, a chance to adjust and a fair process before dismissal can be fair.
Is incompatibility misconduct?
No — it is treated as incapacity. Discipline applies only to specific misconduct, not personality clashes.