Chairing a Disciplinary Hearing

Course Description

Running a fair and effective disciplinary enquiry doesn’t require you to be a lawyer—but it does require you to understand the rules of fairness and independence. This course is designed to give you the confidence and skills to chair enquiries in a way that stands up to scrutiny and protects both the employer and the employee.

You’ll learn:

• Why independence matters: how to avoid bias and ensure you’re not influenced by relationships with either party.

• What fairness looks like in practice: understanding the difference between facts and opinions and making decisions only on the evidence presented.

• How to stay aligned with the law and company policy: even without formal legal training, you’ll gain insight into how CCMA Commissioners view cases and how to apply your organisation’s disciplinary code correctly.

• The role of the Chairperson: from giving clear reasons for your decisions to knowing when a new Chairperson must step in for an appeal.

• Common pitfalls to avoid such as recommending dismissal for reasons unrelated to the charges, which can lead to CCMA challenges.

By the end of this course, you’ll be able to chair disciplinary enquiries with confidence, independence, and fairness—ensuring that your decisions are legally sound, procedurally correct, and respected by all parties involved.

The CCMA is South Africa’s independent dispute resolution body, and CCMA Commissioners are neutral officials who conciliate, mediate, and arbitrate workplace disputes to ensure fairness and compliance with labour law.

What is the CCMA?

The Commission for Conciliation, Mediation and Arbitration (CCMA) was established under the Labour Relations Act of 1995. It is a statutory, independent body that does not belong to government, unions, or business. Its purpose is to advance social justice, labour peace, and workplace democracy by providing accessible, cost-effective mechanisms for resolving disputes between employers and employees.

Key functions of the CCMA include:

• Conciliation: Helping parties reach voluntary settlement agreements.

• Arbitration: Making binding decisions when disputes cannot be resolved through conciliation.

• Facilitating collective bargaining: Assisting unions and employers in negotiations.

• Certifying and monitoring industrial action: Ensuring strikes and lockouts comply with legal requirements.

• Training and advisory services: Educating employers and employees on labour law and dispute prevention.

Role of a CCMA Commissioner

A CCMA Commissioner is an independent and impartial individual appointed to preside over disputes.