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The minimum requirements for a fair disciplinary hearing According to the Labour Relations Act, (LRA) a dismissal is unfair if it is not affected 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 affected in accordance with a fair procedure. Furthermore, any person considering whether or not the reason for dismissal is a fair reason or whether the dismissal was effected in accordance with a fair procedure, must take into account any relevant code of good practice issued in terms of the LRA, specifically, schedule 8. Schedule 8 deals predominantly with the procedural elements of a disciplinary hearing. When a misconduct occurs, the employer should conduct an investigation to determine whether there are grounds for disciplinary action and dismissal. This does not need to be a formal enquiry. The employer should then notify the employee of the allegations using a form and language that the employee can reasonably understand. The employee is entitled to a reasonable time (minimum 2 clear working days) to prepare his defence and is entitled to the assistance of a trade union representative or a fellow employee. This constitutes the core rights of an employee when suspected of misconduct.