What employers owe employees: a fair-process checklist

South African labour law expects employers to follow a fair process, not just have a fair reason, before taking action against an employee. This is general information, not legal advice — get advice specific to your situation from a labour lawyer or your employer body.

Before a disciplinary hearing - Give the employee written notice of the allegations against them, with enough time to prepare. - Let them have a representative (usually a colleague or union representative) present. - Give them a chance to state their case and respond to the evidence.

Before a dismissal - Make sure the reason for dismissal falls into one of the recognised categories: conduct, capacity, or operational requirements. - Keep a clear record of warnings, performance reviews, or incidents that led to the decision.

Before a retrenchment - Consult meaningfully with affected employees (or their union) about alternatives, selection criteria, and severance pay — this isn't a formality, it has to be a genuine engagement. - Use fair, objective selection criteria (like LIFO — last in, first out — or a scorecard) rather than arbitrary choices.

Record-keeping Keep documentation of every step. If a dispute ends up at the CCMA, the employer carries the burden of showing the dismissal or action was both substantively and procedurally fair.