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Dismissal Letter After Disciplinary Hearing

Dismissal Letter After Disciplinary Hearing Template for South Africa

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Key Requirements PROMPT example:

Dismissal Letter After Disciplinary Hearing

"I need a Dismissal Letter After Disciplinary Hearing for a retail sector employee who was found guilty of gross misconduct involving theft of company property, with the dismissal to take effect from March 15, 2025; the letter needs to include strict confidentiality provisions and detailed company property return requirements."

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Document background
The Dismissal Letter After Disciplinary Hearing is a critical document in South African employment law that formalizes the termination of employment following a disciplinary process. It is used when an employee has been found guilty of misconduct or other workplace infractions during a formal disciplinary hearing. The letter must demonstrate compliance with the Labour Relations Act 66 of 1995 and the Code of Good Practice on Dismissals, ensuring both procedural and substantive fairness. This document serves multiple purposes: it officially communicates the termination decision, records the reasons for dismissal, outlines final employment arrangements, and informs the employee of their rights, including the right to appeal. The letter becomes a crucial piece of evidence should the dismissal be challenged at the CCMA (Commission for Conciliation, Mediation and Arbitration) or Labour Court.
Suggested Sections

1. Letterhead and Date: Company letterhead, current date, and reference number if applicable

2. Employee Details: Full name, employee number, position, and department of the employee

3. Subject Line: Clear indication that this is a notice of dismissal following disciplinary hearing

4. Reference to Disciplinary Hearing: Date of hearing, charges that were considered, and confirmation that the employee was present/represented

5. Findings: Summary of the findings of the disciplinary hearing, including proven misconduct or infractions

6. Dismissal Decision: Clear statement of the decision to dismiss and the effective date

7. Notice Period/Payment: Details of notice period or payment in lieu of notice

8. Final Payment Details: Information about final salary, leave pay, and other amounts due

9. Return of Company Property: List of company property to be returned and deadline

10. Right to Appeal: Information about the employee's right to appeal and the process to follow

Optional Sections

1. Additional Support Services: Information about employee assistance programs or counseling services, included when company policy provides for such support

2. Reference Letter Policy: Company's policy on providing references, included when specifically requested

3. Post-Employment Restrictions: Reminder of any restraint of trade or confidentiality obligations, included when applicable to the employee's position

4. Medical Aid/Benefits Continuation: Information about continuation or termination of benefits, included when employee had such benefits

5. Outstanding Disciplinary History: Reference to previous warnings or disciplinary actions, included when relevant to the current dismissal

Suggested Schedules

1. Disciplinary Hearing Minutes: Official minutes or transcript of the disciplinary hearing

2. Evidence Summary: Summary of evidence presented during the hearing

3. Final Payment Calculation: Detailed breakdown of final payment including salary, leave pay, and other entitlements

4. Company Property Checklist: Itemized list of company property to be returned

5. Previous Written Warnings: Copies of relevant previous warnings or disciplinary actions

6. Appeal Form: Standard form for lodging an appeal

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Manufacturing

Financial Services

Retail

Mining

Construction

Healthcare

Education

Information Technology

Hospitality

Transportation

Agriculture

Professional Services

Telecommunications

Energy

Public Sector

Relevant Teams

Human Resources

Legal

Employee Relations

Compliance

Industrial Relations

Senior Management

Operations Management

Relevant Roles

HR Director

HR Manager

Legal Counsel

Employee Relations Manager

HR Business Partner

Line Manager

Department Head

General Manager

Operations Manager

Chief Human Resources Officer

Industrial Relations Manager

Compliance Officer

HR Administrator

Personnel Manager

Industries
Labour Relations Act 66 of 1995: Primary legislation governing labor relations in South Africa, including fair dismissal procedures, dispute resolution mechanisms, and requirements for procedural and substantive fairness in dismissals
Schedule 8 of the Labour Relations Act (Code of Good Practice: Dismissal): Provides specific guidelines for fair dismissal procedures, including disciplinary hearings and the requirements for valid dismissals
Basic Conditions of Employment Act 75 of 1997: Establishes fundamental rights of employees including notice periods, final payment requirements, and other termination-related conditions
Constitution of South Africa (Act 108 of 1996): Section 23 provides for fair labor practices and the right to fair administrative action, which impacts dismissal procedures
Employment Equity Act 55 of 1998: Ensures that dismissals are not discriminatory and comply with principles of workplace equality
CCMA Guidelines: Guidelines from the Commission for Conciliation, Mediation and Arbitration regarding dispute resolution and fair dismissal procedures
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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