Was a fair procedure followed before the employee was dismissed?

The employee must always have a fair hearing before being dismissed. In other words, the employee must always get a chance to give his or her side of the story before the employer decides on dismissal.

The employee must also be allowed to bring any witness (character witness etc), have the meeting conducted in a language which they are comfortable in, and should be allowed outside representation if s/he feels that it is necessary.

If an employee feels a dismissal was unfair, either substantively or procedurally, then this can be referred to the CCMA for conciliation and thereafter arbitration, if this is necessary. Other aspects of a fair procedure are explained below under the different reasons for dismissal.

(See: Problem 4: Dismissed Employee Wants the Job Back – How to Apply for Reinstatement or Compensation)
(See: Problem 6: Employee is Dismissed for Being Drunk on Duty (with No Previous Record of Drunkenness))