Disciplinary Hearing Lawyers in Johannesburg
A disciplinary matter requires a fair assessment of allegations, evidence and the employee's response. Hugh Raichlin Attorneys assists employers with preparation, procedural advice and suitable independent chairing instructions, and considers selected executive-level employee matters.
Brief initial telephone discussion at no charge. A paid consultation is arranged where appropriate. Attorney follow-up is ordinarily within one working day.
This page is for you if…
- An employer needs to assess alleged misconduct.
- A hearing needs preparation or an independent chairperson.
- The evidence, charges or procedure require advice.
- An executive has received allegations or a hearing notice.
How Hugh Raichlin Attorneys can help
Prepare a fair, evidence-based process
We assist with identifying the allegations, relevant policy, documents and witnesses, and the opportunity needed for a meaningful response. The process should fit the case and applicable requirements.
Define and maintain the role
Tshepo can assist in different capacities across different matters. Chairing, presenting the employer's case and advising the employee are separate roles and are not combined in the same hearing.
Assess outcome and next steps
Findings, reasons and any sanction should be considered on the evidence and circumstances. Review internal rights and possible external dispute steps without assuming dismissal is the only available outcome.
What to consider before deciding
An allegation is not a finding
Avoid announcing guilt before the employee has had the appropriate opportunity to respond. Evidence should be lawfully obtained and relevant.
Not every workplace problem is misconduct
Poor performance, incapacity, harassment and operational requirements may require different processes or additional action. Obtain advice on classification before drafting charges.
Representation depends on the framework
The disciplinary code, agreement, circumstances and applicable law affect representation. A website enquiry does not establish a right to a particular representative or a guaranteed postponement.
Separate roles in a disciplinary hearing
Impartial chair
An independent chairperson presides and makes findings.
Employer presenter or adviser
The employer's case is presented by a separate person.
Employee adviser or representative
The employee may be assisted where permitted by the framework.
The chair, the employer's presenter and the employee's adviser are separate roles. One person does not perform all roles in the same hearing.
The next steps
- 1Clarify allegations, role and the applicable workplace framework.
- 2Review evidence, notice and preparation requirements.
- 3Conduct or support the appropriate fair process.
- 4Record findings and reasons and advise on next steps.
Information to prepare
Contract and relevant policies; allegations and chronology; notices; investigation records; documents and witness details; prior relevant warnings; applicable collective or disciplinary procedures.
Common mistakes to avoid
Avoid predetermined outcomes, combining impartial chair and partisan roles, treating suspicion as proof, using an unlawful search to obtain evidence or assuming every breach justifies dismissal.
Relevant experience for your matter
Tshepo's experience includes chairing disciplinary hearings, presenting cases and advising employees in separate matters. HRA confirms the appropriate role and conflicts for each instruction.
Tshepo Mohapi
Attorney & Labour Law Consultant
LLB · University of Johannesburg
Experience chairing hearings, presenting cases and advising employees in separate matters.
View Tshepo's profile
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Commercial and litigation experience relevant to workplace disputes and their consequences.
View Hugh's profileFrequently asked questions
Can Tshepo chair a hearing independently?
A suitable independent appointment may be accepted after scope and conflicts are assessed.
Can the chairperson also present the employer's case?
Those roles must be kept separate. The appointment should preserve the required impartiality.
Does misconduct always justify dismissal?
No. The allegations, evidence, circumstances and applicable legal standards determine the appropriate response.
Can HRA assist an executive who faces a hearing?
Selected executive instructions are considered, subject to conflicts and suitability.
Related services
Legal Insights
Get the role right from the start.
Tell us the allegations, the role you need and the applicable workplace framework. We will assess preparation, chairing or advisory assistance.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Suitable prospective clients ordinarily receive an attorney call within one working day. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Office hours are Monday–Friday, 08:30–17:00. New enquiries and WhatsApp: 011 010 8336. Email: reception@raichlin.co.za. Existing clients should use 011 483 1527.
Website information is general and is not legal advice. Every matter depends on its facts. Please send sensitive documents only when requested through an appropriate channel.
This website provides general information, not legal advice. Sending an enquiry does not by itself create an attorney-client relationship. Each matter is assessed on its own facts.