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Misconduct · Charge Sheet Template

Bringing the Company Name into Disrepute / Social Media Misconduct Charge Sheet & Hearing Pack

Charge sheet for social media posts or conduct bringing the company name into disrepute under the Sept 2025 Code.

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Step 1 · Offence & Statutory Guardrail Intake

No login needed. Your answers autosave on this device and to a secure draft.

2025 Code Offence Guide & Sanction Rule — Bringing the Company Name into Disrepute / Social Media Misconduct

What must be proven: Preserve the post with screenshots, dates and URLs; Show how the post identifies or harms the company.

First-offence guideline: You must show a real link between the post and harm to the company — not mere embarrassment. A written warning is common for a first offence; dismissal requires serious, demonstrable reputational damage.

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 on or about 15 January 2026, you published or distributed material on social media / in public in that you as will be set out in evidence at the hearing, thereby bringing the Company's name into disrepute and damaging the employment relationship.

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: Bringing the Company Name into Disrepute / Social Media Misconduct

LRA 66 of 1995; the employee's duty of good faith; constitutional balance with freedom of expression; Code of Good Practice: Dismissal (Sept 2025).

Standard charge formulation

First-offence sanction guideline: You must show a real link between the post and harm to the company — not mere embarrassment. A written warning is common for a first offence; dismissal requires serious, demonstrable reputational damage.

CCMA procedural fairness checklist

  • Preserve the post with screenshots, dates and URLs
  • Show how the post identifies or harms the company
  • Check the social media policy and that the employee knew it
  • Consider whether the post is protected expression (e.g. genuine grievance)
  • Assess actual or likely reputational harm

Guidance only — establish the facts, consider the employee's response, consistency and mitigation. No automatic sanction or guaranteed CCMA outcome.

Standard charge formulation

Statutory guidance

Statutory referenceLRA 66 of 1995; the employee's duty of good faith; constitutional balance with freedom of expression; Code of Good Practice: Dismissal (Sept 2025).
First-offence sanction guidelineYou must show a real link between the post and harm to the company — not mere embarrassment. A written warning is common for a first offence; dismissal requires serious, demonstrable reputational damage.
CategoryMisconduct

CCMA procedural fairness checklist

  • Preserve the post with screenshots, dates and URLs
  • Show how the post identifies or harms the company
  • Check the social media policy and that the employee knew it
  • Consider whether the post is protected expression (e.g. genuine grievance)
  • Assess actual or likely reputational harm

Frequently asked questions

Can I discipline an employee for a Facebook post?
Yes, if the post is linked to the company and causes real reputational harm, and a known policy was breached.
What if the post was a genuine complaint?
Genuine grievances or protected disclosures are not misconduct — treat them through the grievance procedure instead.