SA Labour and Employment Law Documents

At Labour Smart we strive to provide our subscribers with a comprehensive library of labour and employment law documents, templates, forms, information sheets and publications. 

Employees, unions, managers and HR professionals from the smallest to the largest employer, can download templates, information sheets, publications and examples to assist in managing various aspects of HR, dispute resolution, disciplinary hearings and much more.

From our publications you can find guidance about any aspect of Labour law, literally from the date of the interview of the new employee until his dismissal, resignation or retrenchment.

For more information you can contact Labour Smart at 012 345 2955


Main Category
Sub Category
Document Type
Keywords
Title Description Type Price
Big 5 Challenges
Category Discipline
A publication which aims at assisting managers with the day to day challenges in the work place. It deals with popular topics such as poor performance, abuse of sick leave, incapacity, disciplinary code and procedures, grievances, insubordination, absenteeism, abscondment, alcohol abuse, counselling and suspension. Publication R 270.00 Preview
Chairing and initiating in disciplinary hearing
Category Disciplinary hearings
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. Publication R 310.00 Preview
Polygraph testing and the Law
Category Polygraph testing
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. Publication R 150.00 Preview
Workplace Discipline and Dismissal
Category Dismissal
This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place. Publication R 330.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Information Sheet R 70.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Template R 85.00 Preview
Appeal ruling - Disciplinary hearing
Category Disciplinary hearings
The ruling and reasons for the decision given by the chairman of an appeal hearing. Information Sheet R 150.00 Preview
Appeal ruling - Disciplinary hearing
Category Disciplinary hearings
The ruling and reasons for the decision given by the chairman of an appeal hearing. Template R 165.00 Preview
Cases dealing with discipline
Category Disciplinary hearings
A collection of court cases dealing with disciplinary hearings. Information Sheet R 600.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during the investigation of misconduct. Information Sheet R 190.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. Template R 205.00 Preview
Notices for the disciplinary process
Category Disciplinary hearings
This information sheet provides information regarding the appropriate forms to present to an employee on diving notice of a disciplinary hearing. It is imperative that the charges are set out clearly and the rights of the employee are canvassed to ensure the procedural fairness at this initial stage. Information Sheet R 345.00 Preview
Disciplinary chairperson’s guide
Category Disciplinary hearings
A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. Information Sheet R 190.00 Preview
Disciplinary Code and Procedure with appeal process
Category Procedures
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. Information Sheet R 600.00 Preview
Disciplinary Code and Procedure with appeal process
Category Procedures
A disciplinary code and procedure setting out the principles of discipline and misconduct. this code includes an appeal procedure. Template R 590.00 Preview
Disciplinary Code and Procedure with HR assistance
Category Procedures
Disciplinary code and procedure for employers with a human recourses department. Information Sheet R 600.00 Preview
Disciplinary Code and Procedure with HR assistence
Category Procedures
Disciplinary code and procedure for employers with a human recourses department. Template R 600.00 Preview
Disciplinary Code and Procedure with no appeal
Category Procedures
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. Template R 240.00 Preview
Disciplinary Code and Procedure with no appeal
Category Procedures
Disciplinary Code and Procedures for employers. This Code does not have an appeal procedure. Information Sheet R 600.00 Preview
Disciplinary hearing sanction form
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Disciplinary sanction form - Dismissal
Category Disciplinary hearings
A form to be used by a Chairperson of a disciplinary hearing when dismissing an employee. Information Sheet R 190.00 Preview
Example of a witness statement
Category Disciplinary hearings
A witness statement sets out the facts of the matter, chronologically as it pertains to a witness in a particular matter; used by the investigator in compilation of his evidence surrounding investigation into an event in the workplace. Information Sheet R 60.00 Preview
Example of an opening statement
Category Disciplinary hearings
An information sheet outlining a typical opening statement used at the commencement of a hearing. Information Sheet R 70.00 Preview
Example of charges in terms of disciplinary code
Category Disciplinary hearings
An information sheeting detailing a typical list of charges or transgressions. Information Sheet R 70.00 Preview
Example of charges with no disciplinary code
Category Disciplinary hearings
an information sheet detailing the charges or transgressions of an employee. Information Sheet R 70.00 Preview
Guide to Chairman - Deciding on sanctions
Category Disciplinary hearings
A document detailing the step by step enquiry a chair person must examine in order to originate at an appropriate sanction. The ultimate test for justifying a dismissal is - Has the employment/trust relationship broken down irretrievably? Information Sheet R 110.00 Preview
Kennisgewing van dissiplinere verhoor
Category Disciplinary hearings
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) Template R 355.00 Preview
Presenting or defending your case
Category Disciplinary hearings
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. Information Sheet R 600.00 Preview
Record of councilling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Template R 110.00 Preview
Record of counselling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Information Sheet R 110.00 Preview
The conduct of the chairperson in disciplinary hearings
Category Disciplinary hearings
An information sheet considering the impartiality of a chairperson. Prior knowledge of a case is always a contentious issue. It is not always possible for a chairperson to have no knowledge of the case, especially where the chairperson is part of the operations of the employer where the misconduct occurred. It is a fine line any chairperson should apply to determine whether she knows enough about the case to place her in a position where an opinion of guilt or innocence can be formed in her mind already. The golden rule should be that: if in doubt, rather recuse yourself and appoint another chairperson. Information Sheet R 150.00 Preview
The requirements for a fair disciplinary hearing
Category Disciplinary hearings
The Labour Relations Act states that a dismissal is 'unfair' if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the LRA stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Information Sheet R 190.00 Preview
Disciplinary Procedures CCMA
Category CCMA
information sheet by the CCMA on Disciplinary Procedures - The purpose of a disciplinary code and procedure is to regulate standards of conduct and incapacity of employees within a company or organisation. Forms FREE Preview
Pre-Dismissal Arbitrations CCMA
Category CCMA
Information sheet by the CCMA on Pre-Dismissal Arbitrations - It often happens that an employee (more often a senior employee) and employer consent to a disciplinary enquiry relating to conduct or capacity being chaired by a neutral outside party. Forms FREE Preview
Disciplinary Hearing - Sanction
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Information Sheet R 110.00 Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Template R 125.00 Preview
The mistakes that haunt us in disciplinary proceedings
Category Disciplinary hearings
A consideration of case law and common procedural errors that employers may make tainting any dismissal as unfair leading to costly results. Articles FREE Preview
Can the Employer Re-Do a Disciplinary Hearing
Category Disciplinary hearings
A look into case law on whether employers who are not always satisfied with the decision of its chairpersons, can change the finding? A consideration of SARS v CCMA & others and Country Fair Foods (Pty) Limited v Commission for Conciliation, Mediation and Arbitration & others. Information Sheet R 130.00 Preview
Resignation before the disciplinary hearing
Category Disciplinary hearings
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. Information Sheet R 95.00 Preview
The role of the disciplinary code
Category Disciplinary hearings
Not all employers have a disciplinary code of conduct. It is often the small employer that does not have a code of conduct and who employs more informal disciplinary measures. No law requires employers to have a code, however, all employers must comply with the rule test before it can discipline or dismiss an employee. One of the surest ways to ensure that everybody in the employer’s business complies with its rules and that the sanctions for breaking those rules are consistently applied, is adopting uniform standards of rules – called the disciplinary code of conduct. Information Sheet R 250.00 Preview
Sanctions in a disciplinary hearing
Category Disciplinary hearings
This article looks at the different types of sanctions to impose at a Disciplinary Hearing. The type of sanction always depends on the facts of the case, the seriousness of the case and the mitigating and aggravating factors. Information Sheet R 95.00 Preview
Chairing and initiating in disciplinary hearing
Category Disciplinary hearings
A comprehensive guide to managers and Human Recourses how to investigate misconduct, charge employees, initiate and chair a disciplinary hearing. It includes topics such as procedural and substantive fairness, schedule 8 of the LRA, progressive discipline, codes of conduct, charges, suspension, preparing for the hearing, how to conduct a hearing, leading and cross examining witnesses, evaluating evidence, making a finding, mitigation and aggravation and sanction. Publication R 310.00 Preview
Polygraph testing and the Law
Category Polygraph testing
This publication details the rights of employees and employers surrounding the use of polygraph testing and results. The paper discusses the admissibility of such results and the persuasive value in disciplinary hearings. Publication R 150.00 Preview
Workplace Discipline and Dismissal
Category Dismissal
This publication details the process of disciplinary hearings and assisting employers to ensure such hearings are conducted in a procedurally fair manner. A step by step guide to discipline in the work place. Publication R 330.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Information Sheet R 70.00 Preview
Appeal form - Disciplinary hearing
Category Disciplinary hearings
A form provided to a guilty employee to appeal against a guilty finding in a disciplinary enquiry Template R 85.00 Preview
Cases dealing with discipline
Category Disciplinary hearings
A collection of court cases dealing with disciplinary hearings. Information Sheet R 600.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during the investigation of misconduct. Information Sheet R 190.00 Preview
Check list of Disciplinary enquiry
Category Disciplinary hearings
A check list to assist the complainant or initiator during a disciplinary enquiry to ensure procedural fairness. Template R 205.00 Preview
Notices for the disciplinary process
Category Disciplinary hearings
This information sheet provides information regarding the appropriate forms to present to an employee on diving notice of a disciplinary hearing. It is imperative that the charges are set out clearly and the rights of the employee are canvassed to ensure the procedural fairness at this initial stage. Information Sheet R 345.00 Preview
Disciplinary chairperson’s guide
Category Disciplinary hearings
A comprehensive guide to chairpersons on how to conduct a disciplinary hearing. Information Sheet R 190.00 Preview
Disciplinary hearing sanction form
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Example of a closing statement
Category Disciplinary hearings
An information sheet setting out a typical closing statement to be used in CCMA proceedings setting out the legal argument and facts you rely upon. Information Sheet R 150.00 Preview
Example of a closing statement
Category Disciplinary hearings
A template of a closing argument to be used at the CCMA detailing the legal argument and facts relied upon to state a parties case. Template R 165.00 Preview
Example of a witness statement
Category Disciplinary hearings
A witness statement sets out the facts of the matter, chronologically as it pertains to a witness in a particular matter; used by the investigator in compilation of his evidence surrounding investigation into an event in the workplace. Information Sheet R 60.00 Preview
Example of an opening statement
Category Disciplinary hearings
An information sheet outlining a typical opening statement used at the commencement of a hearing. Information Sheet R 70.00 Preview
Example of leading a witness to give evidence
Category Disciplinary hearings
This information sheet provides information regarding the presenting evidence in chief at a hearing. Information Sheet R 110.00 Preview
Guide to Chairman - Deciding on sanctions
Category Disciplinary hearings
A document detailing the step by step enquiry a chair person must examine in order to originate at an appropriate sanction. The ultimate test for justifying a dismissal is - Has the employment/trust relationship broken down irretrievably? Information Sheet R 110.00 Preview
Imprisoned employees and other cases
Category Disciplinary hearings
An information sheet dealing with incapacity related to imprisonment of employees and case law. Employers who dismiss an employee due to imprisonment must follow schedule 8 of the LRA and needs to consider the reasons for the incapacity, the extent of the incapacity, whether it is permanent or temporary, and whether any alternatives to dismissal do exist. Information Sheet R 110.00 Preview
Kennisgewing van dissiplinere verhoor
Category Disciplinary hearings
A notice to inform an employee that they are being investigated for an alleged transgression. (Afrikaans) Template R 355.00 Preview
Notice to Attend Dissiplinary Hearing Simple
Category Disciplinary hearings
A notice to attend a disciplinary enquiry. Template R 125.00 Preview
Presenting or defending your case
Category Disciplinary hearings
An information sheet detailing how to prepare for and defend an arbitration at the CCMA or Bargaining Council. Details are provided as to who the role players are in an arbitration; the process; presentation of evidence and leading and cross-examination of witnesses. Information Sheet R 600.00 Preview
Record of councilling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Template R 110.00 Preview
Record of counselling prior to a disciplinary hearing
Category Counselling
A form to be used to narrow down the issues before a disciplinary hearing. A form of conciliation. Information Sheet R 110.00 Preview
The conduct of the chairperson in disciplinary hearings
Category Disciplinary hearings
An information sheet considering the impartiality of a chairperson. Prior knowledge of a case is always a contentious issue. It is not always possible for a chairperson to have no knowledge of the case, especially where the chairperson is part of the operations of the employer where the misconduct occurred. It is a fine line any chairperson should apply to determine whether she knows enough about the case to place her in a position where an opinion of guilt or innocence can be formed in her mind already. The golden rule should be that: if in doubt, rather recuse yourself and appoint another chairperson. Information Sheet R 150.00 Preview
The requirements for a fair disciplinary hearing
Category Disciplinary hearings
The Labour Relations Act states that a dismissal is 'unfair' if it is not effected for a fair reason and in accordance with a fair procedure. Section 188 of the LRA stipulates that a dismissal is unfair if the employer fails to prove that the reason for the dismissal is a fair reason based on the misconduct or incapacity of the employee, or is based on the employer's operational requirements, and that the dismissal was effected in accordance with a fair procedure. Information Sheet R 190.00 Preview
Conciliation CCMA
Category CCMA
Information sheet by the CCMA on Conciliation - A conciliation hearing is a process where a commissioner (or a panellist, in the case of a bargaining council or agency) meets with the parties in a dispute explores ways to settle the dispute by agreement. Forms FREE Preview
Disciplinary Hearing - Sanction
Category Disciplinary hearings
An example of a sanction form to be used by the chairperson of a disciplinary hearing. Information Sheet R 150.00 Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Information Sheet R 110.00 Preview
Notice of disciplinary hearing form
Category Disciplinary hearings
An information sheet giving notification of a Disciplinary Hearing to an employee who has allegedly transgressed a work place rule. It is a requirement of procedural fairness to give that employee reasonable and clear notice of the allegations against them and provide them with enough time to avail their rights. Template R 125.00 Preview
Can the Employer Re-Do a Disciplinary Hearing
Category Disciplinary hearings
A look into case law on whether employers who are not always satisfied with the decision of its chairpersons, can change the finding? A consideration of SARS v CCMA & others and Country Fair Foods (Pty) Limited v Commission for Conciliation, Mediation and Arbitration & others. Information Sheet R 130.00 Preview
Resignation before the disciplinary hearing
Category Disciplinary hearings
Employees resign, change their minds, want to withdraw resignations and the employer wants to move on. Had the employee resigned, then the CCMA will not have jurisdiction, so whenever there is doubt, the employer will claim resignation to stay out of the CCMA. Information Sheet R 95.00 Preview
Sanctions in a disciplinary hearing
Category Disciplinary hearings
This article looks at the different types of sanctions to impose at a Disciplinary Hearing. The type of sanction always depends on the facts of the case, the seriousness of the case and the mitigating and aggravating factors. Information Sheet R 95.00 Preview
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