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.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Attorney & Labour Law Consultant
Experience chairing hearings, presenting cases and advising employees in separate matters.
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
The firm's role in a disciplinary matter is to keep the process fair and evidence-based, and to keep separate roles separate. Advising a party, presenting an employer's case and acting as an independent chair are different functions, and an allegation is not a finding of guilt.
| Role | Purpose | Limits |
|---|---|---|
| Advising a party | Assess allegations, evidence and the employee's response. | Advice does not predetermine the outcome or the sanction. |
| Presenting the employer's case | Lead evidence and present the case where permitted. | This person must not also chair the same hearing. |
| Independent chair | Preside, weigh the evidence and make findings. | Must remain impartial; cannot act as a party's representative. |
- The contract and relevant disciplinary or collective procedures.
- The allegations, a chronology and the investigation records.
- Notices, charges, witness details and prior relevant warnings.
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
- 1
Impartial chair
An independent chairperson presides and makes findings.
- 2
Employer presenter or adviser
The employer's case is presented by a separate person.
- 3
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 profileSelected published judgments from Tshepo's practice
These civil and commercial proceedings illustrate Tshepo Mohapi's wider litigation experience. They are not presented as reported labour-law or workplace-mediation outcomes.
The judgments record Tshepo Mohapi Attorneys as the instructing practice. These matters form part of Tshepo's professional experience and are not presented as instructions to HRA.
Applebite: business goodwill and passing-off litigation
Tshepo Mohapi Attorneys
Recorded practice: Tshepo Mohapi Attorneys
Published judgments record Tshepo Mohapi Attorneys acting for the original applicants, and later for the respondents on appeal, in a dispute between restaurant businesses using the Applebite name and branding. The proceedings concerned business goodwill, passing off and competing signage and online marketing.
[2022] ZAGPJHC 706 · 20 September 2022
Passing-off relief
The court granted relief to Gonbar Investments CC and Alex Jay Catering CC, the second and third applicants. The dormant first applicant did not establish standing.
[2022] ZAGPJHC 706 (20 September 2022)[2022] ZAGPJHC 866 · 2 November 2022
Opposition to leave to appeal
The opposing parties' application for leave to appeal was dismissed with costs. The appearances record Tshepo Mohapi Attorneys instructing Advocate A P Allison for the original applicants.
[2022] ZAGPJHC 866 (2 November 2022)[2024] ZAGPJHC 22 · 12 January 2024
Appeal dismissed
After the Supreme Court of Appeal granted leave to appeal, the High Court full court dismissed the appeal with costs. Tshepo Mohapi Attorneys represented the respondents.
[2024] ZAGPJHC 22 (12 January 2024)
These decisions concern one dispute. The case is about passing off and goodwill, not a general determination of registered-trademark ownership. The Supreme Court of Appeal granted leave; the reported merits appeal was decided by the High Court full court.
Lumka v BMW Financial Services: rescission proceedings
[2023] ZAGPJHC 641 · 2023
[2023] ZAGPJHC 641
Recorded practice: Tshepo Mohapi Attorneys
Case number: 5301/2021
In Lumka v BMW Financial Services SA (Pty) Ltd and Another, the court dismissed Lumka's rescission application following non-compliance with an earlier procedural order. The published appearances identify Tshepo Mohapi Attorneys as acting for BMW Financial Services, the first respondent.
This was a favourable procedural result for BMW, not a victory against BMW or a determination of every issue in the underlying finance dispute.
Frequently 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
Useful sources
- Department of Employment and LabourStart here for employment legislation and official workplace resources when preparing for a disciplinary hearing or checking the process followed.
- Commission for Conciliation, Mediation and ArbitrationInformation about workplace disputes and the CCMA’s services, useful if the outcome of a disciplinary hearing leads to a further dispute.
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. Where the firm may be able to assist, an attorney ordinarily follows up within one working day after receipt. 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. Call 011 483 1527 for new enquiries and existing matters, Monday–Friday, 08:30–17:00. For 24/7 AI-assisted enquiry intake, WhatsApp 011 010 8336. You can also email reception@raichlin.co.za.
Please send sensitive documents only when requested through an appropriate channel.