The chargesheet

The chargesheet is the first formal step before a disciplinary hearing after the investigation has been concluded. Drafted by the employer or their HR official, this document, also known as a notice of disciplinary hearing, informs the employee of the pending hearing and its related details. It must balance the employer’s need to address workplace misconduct with the employee’s right to a fair and transparent process. Under the Labour Relations Act, Act 66 of 1995 (LRA) and related case law, employers must ensure that chargesheets are clear, fair and based on solid evidence.

List the correct charges

 The chargesheet should accurately define what the employee is accused of. Instead of using vague terms like “bad behaviour” or “insubordination”, detail exactly what occurred. For example, if an employee did not follow a direct instruction, the chargesheet should detail when it happened, what the instruction was and how the employee did not comply. This helps ensure the employee understands the allegations and can adequately respond.

It’s also important to consider the seriousness of the misconduct and the employer’s disciplinary code. Not every misstep leads to a hearing. For instance, gross misconduct – theft, fraud or violence – may warrant dismissal for a first offence, while minor or isolated incidents might only call for a written warning unless repeated.

Categories and key considerations

When deciding on the charges and how to group them, employers should consider several important factors:

• Employer’s policy: The charges should line up with the employer’s established disciplinary code or rules. If similar cases in the past were handled in a specific way, following that pattern helps keep things fair and consistent, as consistency is important to help avoid claims of favouritism or discrimination.

• Clarity and specificity: The language used in the chargesheet should be simple and clear. Avoid complicated legal jargon that might confuse the employee. Each charge should focus on a single event or failure so that it’s easier for everyone to understand what is being discussed.

• Factual evidence: Every charge must be backed up by clear, objective evidence. This might include for example documents, statements, emails, photos and witness testimony. Having solid proof helps ensure that the charges are based on real events rather than assumptions or hearsay.

• Severity and impact: Consider how the misconduct affected the employer and workplace. Did it disrupt the work environment? Did it harm other employees or the employer’s reputation? Minor mistakes might only warrant a warning, but more serious misconduct that affects the entire team or business could require harsher measures.

A practical example

Consider the following incident:  On 30 January 2025 Mr X publicly yelled, swore and insulted his manager, Manager Y, in front of other staff.

A chargesheet for this incident might read:  “Gross insolence – On 30 January 2025 you were involved in an incident where you yelled at and insulted Manager Y in front of other employees by shouting the following graphic words: “(graphic words)”. Your actions were extremely inappropriate and disrespectful and undermined his/her managerial authority among staff and personally offended Manager Y, constituting a serious breach of our disciplinary code.”

Procedural fairness

A crucial aspect of the chargesheet is ensuring procedural fairness. The employee must be given a clear explanation of the allegations and sufficient time to prepare a response and ultimately give their version of events at the disciplinary hearing. If this process is not followed, it can lead to disputes or legal challenges at the Commission for Conciliation, Mediation and Arbitration (CCMA).

Drafting a chargesheet involves careful consideration of the facts, the seriousness of the misconduct and adherence to both legal standards and the employer’s policy. By listing the correct charges and ensuring that the document is clear and fair, employers can protect themselves legally while also promoting a transparent and fair working environment.

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