Legal rules for Chairperson Script & Minutes
- Confirm notice, preparation, assistance and understanding of the allegations before considering evidence.
- Give both sides a fair chance to explain relevant evidence; record the employee version and material disputes.
- Decide on the balance of probabilities and record reasons. Consider mitigation and sanction separately from guilt.
- A script is a worksheet, not proof that a hearing occurred. Outcomes remain unavailable until the actual hearing and verdict are recorded.
Frequently asked questions
Must a hearing resemble a criminal trial?
No. The procedure must provide a fair opportunity to respond; workplace procedures and agreements can impose additional requirements.
What standard of proof applies?
Employment misconduct is assessed on the balance of probabilities, not proof beyond reasonable doubt.
Can the script decide guilt for me?
No. The chairperson must assess the actual evidence and employee version and record their own reasons.
When can I print the outcome?
Only after recording the actual hearing, plea, notes, mitigation, finding and reasons, with a sanction where required.
Related document generators
Disciplinary & Warning WizardStatutory sources & scope
- September 2025 Code of Good Practice: Dismissal (GN 3470, Gazette 53294)
- Labour Relations Act 66 of 1995 — fairness, unfair suspension and onus
Reviewed 18 October 2026. The September 2025 Code replaced the former Schedule 8 dismissal code. Sanctions are contextual, not an automatic three-strike ladder. Under LRA section 192, once dismissal is established the employer must prove fairness. These guides are general information, not legal advice, verified case precedent or a guarantee of CCMA protection.