Pre Disciplinary Letter Template for South Africa

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Key Requirements PROMPT example:

Pre Disciplinary Letter

"I need a Pre Disciplinary Letter for a retail employee who has been caught on camera stealing inventory on three separate occasions in January 2025; the letter should reference our company's zero-tolerance policy for theft and include suspension pending the hearing."

Document background
The Pre-Disciplinary Letter is a crucial document in South African employment law that forms part of formal disciplinary proceedings. It is used when an employer needs to address alleged misconduct by an employee and intends to hold a disciplinary hearing. The letter must comply with the Labour Relations Act 66 of 1995 and related employment legislation, ensuring procedural fairness and natural justice. It should be issued with sufficient notice (typically at least 48 hours before the hearing) and must contain clear details about the allegations, hearing arrangements, and the employee's rights. The document serves multiple purposes: it formally notifies the employee of the allegations, provides them with an opportunity to prepare their defense, and creates a paper trail for potential CCMA (Commission for Conciliation, Mediation and Arbitration) or labour court proceedings.
Suggested Sections

1. Letter Header: Company letterhead, date, reference number, and document classification as 'Private and Confidential'

2. Addressee Details: Employee's full name, employee number, position, and department

3. Subject Line: Clear indication that this is a notice to attend a disciplinary hearing

4. Alleged Misconduct: Detailed description of the alleged misconduct, including dates, times, and specific incidents

5. Hearing Details: Date, time, and venue of the disciplinary hearing

6. Employee Rights: List of employee rights during the hearing, including right to representation, right to present evidence, and right to call witnesses

7. Potential Consequences: Statement indicating that disciplinary action, up to and including dismissal, may be taken if allegations are proven

8. Confirmation Request: Request for the employee to confirm receipt of the letter and attendance at the hearing

9. Signature Block: Name, position, and signature of the authorized company representative issuing the notice

Optional Sections

1. Union Representative Notice: Include when the employee is a union member, specifying the right to union representation

2. Language Preference: Include when the employee's first language is not English, offering translation services if required

3. Suspension Notice: Include if the employee is being placed on precautionary suspension pending the hearing

4. Previous Warnings: Include if there are relevant previous warnings that will be considered during the hearing

5. Special Arrangements: Include if any special arrangements (e.g., disability accommodations) need to be made for the hearing

Suggested Schedules

1. Company Disciplinary Code: Attachment of relevant sections of the company's disciplinary code relating to the alleged offense

2. Evidence Summary: List of evidence that will be presented at the hearing

3. Witness List: List of witnesses who will be called by the company during the hearing

4. Previous Written Warnings: Copies of any relevant previous written warnings that will be referenced

5. Acknowledgment Form: Form for the employee to sign acknowledging receipt of the notice

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

Relevant Industries

Financial Services

Manufacturing

Mining

Retail

Technology

Healthcare

Education

Construction

Agriculture

Transportation

Hospitality

Professional Services

Public Sector

Telecommunications

Energy and Utilities

Relevant Teams

Human Resources

Legal

Compliance

Employee Relations

Operations

Senior Management

Administration

Industrial Relations

Relevant Roles

Human Resources Manager

HR Business Partner

Employee Relations Manager

Line Manager

Department Head

Operations Manager

HR Director

Compliance Officer

Legal Counsel

Senior Manager

General Manager

Factory Manager

Store Manager

Branch Manager

Shift Supervisor

Team Leader

HR Administrator

Employee Relations Specialist

Industries
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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