How to check a consultant's disciplinary code will stand at the CCMA

When a consultant drafts your disciplinary code, you're betting they understand what will survive scrutiny at the Commission for Conciliation, Mediation and Arbitration. A weak policy won't just waste money—it may leave your business unable to defend fair dismissals or enforce consistent consequences. The tension is real: you need someone who knows labour law inside out, but you also need proof they actually do before you hand over your payroll headaches.

The difference between a consultant who talks the talk and one who has genuinely tested their thinking shows up in what they can demonstrate. This is not abstract expertise. You're looking for evidence that their disciplinary frameworks have held when employees challenged them, or that they regularly advise on unfair dismissal disputes and understand how arbitrators think. That's what separates a template-and-trust arrangement from one where you can verify the depth.

Search their disciplinary-law track record

Start by asking directly: "Have you drafted disciplinary codes for companies that have since faced CCMA challenges?" Listen for specifics. A consultant worth their fee should be able to name patterns they've seen in disputes—what arbitrators flag, what common weaknesses crop up, which clauses get challenged first. They won't name clients, but they should articulate lessons learned.

Ask them to walk you through a disciplinary scenario relevant to your industry. Give them a realistic situation—say, a first dismissal for absenteeism, or a gross misconduct case. How would they structure the charge? What evidence would they insist on? What pitfalls would they flag? Their answer should show familiarity with CCMA case law, not just textbook labour law. If they hesitate or give a generic response, that's a signal.

Check whether they hold any professional designation in labour relations or human resources. Ask what bodies they're registered with—bodies like SABPP (South African Board for People Practices) or the HPCSA (if they offer occupational health consulting) have standards and codes of conduct. Registration doesn't guarantee competence, but it suggests they've been vetted and stay current. Request their registration number and verify it independently.

Get evidence from people who've used them

Ask for three references from businesses of similar size and sector to yours—not just "happy client" cheerleaders, but preferably someone who has actually used their disciplinary code in practice. When you call, ask specific questions:

• Did the consultant explain *why* the code was structured a certain way, or did they just hand over a document?
• Has the company had to use the disciplinary procedure yet? If yes, did it work smoothly, or did employees or unions challenge it?
• Did the consultant provide training on how to apply it, or just the written policy?
• Has anything in the code needed tweaking since it was written, and did the consultant help with updates?

These answers matter more than a thumbs-up. A consultant who's been called back to refine a code they wrote, or who proactively warned a client about a risky clause, is showing the kind of accountability that counts.

Request their thinking on your specific risks

Before you hire, ask the consultant to review a current disciplinary case or scenario you're facing (anonymised, if it's live). Don't pay them; this is a test. Their memo back to you should show how they'd apply law to your facts. Does it cite CCMA principles or judgments? Does it flag assumptions they're making? Do they ask clarifying questions, or assume they know your industry's norms?

Also ask them directly: "What changes to the labour law landscape do you track, and how often do you update your templates?" Dismissal law and misconduct standards shift. A consultant reviewing what worked five years ago isn't the same as one who stays alert to new rulings. Ask when they last updated their standard code and why.

A consultant who can show you a disciplinary code that survived challenge, or who understands the edge cases where arbitrators rule against employers, gives you real confidence. Strove lets you browse verified HR consultants and see how many have been rated by past clients—that's one place to start checking. But the verification steps above—references, scenario testing, professional registration—are what turn that initial search into genuine due diligence.