Questions to ask before hiring help for a dismissal you're unsure about

When you're caught between firing an employee and keeping them on, uncertainty costs money and time. A competent HR consultant or labour advisor who specialises in dismissals can either save you a costly blunder or confirm you're on the right track—but only if you ask the right questions and know when their answers ring true.

Has this person actually helped someone through a dismissal you weren't sure about?

This is your opening move. You want to know whether they've sat where you're sitting: unsure whether dismissal is justified, worried about process, or uncertain whether the conduct is serious enough. A strong answer will be specific. They might say, "I recently helped a retail manager decide whether to dismiss for stock discrepancies—turned out the real issue was inadequate training and system access, so we went a different route." Or: "I guided a business through a dismissal for repeated tardiness that they almost handled wrong, and we documented it properly so the CCMA didn't overturn it."

Be wary of vague replies like "I've handled hundreds of cases" or answers that jump straight to the legal test for dismissal. The consultant should demonstrate that they understand the grey zone you're in—not just the clear-cut cases.

What will you actually do for me before any hearing?

This matters because many dismissals go sideways not in the hearing room but in the investigation. Ask what groundwork they'll do: Will they review your current disciplinary file? Help you gather evidence or witness statements? Advise on whether your company's policies were clear? Coach you on what questions to ask the employee? A good answer includes specifics: "I'll sit down with you and walk through what happened step by step, then tell you whether you have a case—and if you do, how to tighten your investigation."

If they say they'll "just represent you at the hearing," they may be leaving critical weaknesses in place.

Have you ever told a client not to dismiss?

This is a trust test. If they've never advised someone to take a different path—whether that's a final warning, retraining, demotion, or keeping the employee on—they may be a cheerleader rather than an advisor. A consultant worth their fee should be willing to say, "Based on what you've told me, this doesn't meet the bar for dismissal," or "You'll probably lose this one at the CCMA, so let's talk about your exit options instead."

An evasive answer or one that focuses only on "minimising your liability at arbitration" is a warning sign.

Will you explain the CCMA risk in plain language?

Dismissals often end up at the CCMA. A good consultant will tell you plainly: What's your weak spot in this case? What will the arbitrator likely question? Do you have the documents to back yourself up? They should be honest, not optimistic. Listen for answers that include a clear acknowledgement of real risk—"The timing looks bad because you only investigated after the complaint was made," or "Your policy doesn't explicitly forbid this, so they'll argue you're applying it selectively." These are the conversations that prevent surprises.

If they suggest you'll "definitely" win or that the CCMA is unpredictable so liability is impossible to assess, they're not being straight with you.

How do you charge, and what does it cover?

Don't accept vague hourly rates or "it depends" without clarification. Ask: Is the cost per hour, a project fee, or a retainer? Are court or CCMA appearance fees separate? If you settle the matter early, do you refund part of your fee? A professional should be clear about what's included—investigation advice, drafting the dismissal letter, representation at conciliation, arbitration attendance. You don't need to negotiate hard, but you do need to know what you're buying.

When you've found someone who gives you straight answers, doesn't oversell their role, and is willing to tell you hard truths, you're ready to move forward. The right advisor on Strove can be the difference between a clean dismissal that holds and a costly CCMA battle you shouldn't have started.