CCMA & disciplinary process support

Vetting someone to run a disciplinary hearing so the process holds

Concrete checks to vet a disciplinary hearing facilitator: search their registration, call their referees, test their understanding. Protect your process.

Hiring someone to facilitate or chair your disciplinary hearing is not a casual appointment. Get it wrong and the hearing itself collapses under challenge—your evidence unravels, procedure looks sloppy, and the CCMA tears it apart on review. Get it right and you have a neutral, credible witness to the process and someone who knows what the Commissioner will scrutinise. The tension is this: the person must be truly independent yet knowledgeable enough to spot your procedural gaps *before* they become fatal.

Search their actual registration

Start with proof of standing. If the person claims to be an HR practitioner or consultant, ask for their registration with the SACSSP (South African Counselling, Mediation and Allied Professions Council). Not all disciplinary facilitators are registered—some are labour attorneys, some are HR specialists—so the relevant body depends on what they do. If they say they're a labour law specialist, ask for their attorney credentials via the Law Society of South Africa's directories. Do not accept "I've done this for 20 years" as a substitute for registration details.

Request proof they carry professional indemnity insurance. This is not just about your protection; it signals they are bound by a code of conduct and subject to oversight. Ask for the name of their insurer and a contact number you can verify independently. Legitimate practitioners carry this as standard.

Speak to their referees, not just once

Ask for three recent referees—people who hired them for a disciplinary hearing within the last 18 months. When you call, do not ask vague questions like "Were you happy?" Instead, ask:

Did the facilitator spot procedural flaws in your case before the hearing?
Did they remain neutral, or did you feel they favoured one party?
If the matter went to the CCMA, was the hearing process documented in a way that held up?
Would you use them again, and why or why not?

If a referee hesitates or gives you a short answer, that's a red flag. A genuine referee should be able to describe specifics—how the facilitator prepared the company, what they warned about, what went wrong or right. Push back if you get generic praise.

Also ask each referee if the facilitator was physically present for the full hearing. Some consultants will draft a procedure and then hand over to someone else on the day. You need to know who you are actually paying for.

Vet their understanding of procedure, not just experience

Arrange a brief call with the candidate before you commit. Walk through your situation—what the employee is accused of, what evidence you have, how you plan to structure the hearing. Their response should signal whether they:

Are asking clarifying questions about what you have already told the employee in writing. If they do not ask about the letter of allegation and the employee's right to response, move on.

Spot obvious gaps. A competent facilitator will flag if your evidence is weak, your witnesses unclear, or your timeline fishy. They should not be reassuring you that "it'll be fine"—that's not their job.

Explain what impartiality means in practice. They should be able to say, for example, "I will not advise you on what verdict to reach, but I will tell you if the hearing is not fair." That clarity matters.

Ask them what they will do if the hearing reveals that you—the employer—have not followed your own procedures. A facilitator who says they will quietly tip you off afterward is not independent. A good one will point it out during the hearing so you can fix it before the CCMA sees it.

The disciplinary hearing is not the time to discover your facilitator is biased, out of their depth, or cutting corners. Spend an afternoon now vetting them properly. When you are searching Strove for an HR consultant or CCMA support specialist, use their verified ratings and reviews to narrow your list, then run these checks on your top candidates. The cost of getting this wrong—a failed dismissal, a CCMA claim—is far higher than the fee you save by skipping due diligence.

Common questions

What registration should I check for someone chairing a disciplinary hearing?: It depends on their role. If they claim to be an HR practitioner or consultant, search the SACSSP register. If they are a labour attorney, check the Law Society of South Africa. Always request proof of professional indemnity insurance and verify the insurer independently—this signals they are bound by a code of conduct.
What should I ask their referees?: Ask whether the facilitator spotted procedural flaws before the hearing, stayed impartial, and whether the hearing process held up if the matter went to the CCMA. Specifically ask if they were physically present for the full hearing. Vague praise is a red flag—genuine referees should give you specifics.
What is the red flag during my initial call with them?: Watch for reassurance instead of scrutiny. A good facilitator will ask about your letter of allegation, the employee's response, and your evidence gaps. If they say "it'll be fine" or offer to quietly advise you after the hearing, they are not truly independent.
Can I use the same person who advised me on the dismissal to chair the hearing?: No. The facilitator must be impartial. If they have already advised you on the outcome or the evidence, they cannot credibly chair a neutral process. Use someone fresh who can spot what your advisors missed.

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More on CCMA & disciplinary process support

Search their actual registration

Speak to their referees, not just once

Ask for three recent referees—people who hired them for a disciplinary hearing within the last 18 months. When you call, do not ask vague questions like "Were you happy?" Instead, ask:

Did the facilitator spot procedural flaws in your case before the hearing?

Did they remain neutral, or did you feel they favoured one party?

If the matter went to the CCMA, was the hearing process documented in a way that held up?

Would you use them again, and why or why not?

Vet their understanding of procedure, not just experience

Are asking clarifying questions about what you have already told the employee in writing. If they do not ask about the letter of allegation and the employee's right to response, move on.

Common questions

What registration should I check for someone chairing a disciplinary hearing?

It depends on their role. If they claim to be an HR practitioner or consultant, search the SACSSP register. If they are a labour attorney, check the Law Society of South Africa. Always request proof of professional indemnity insurance and verify the insurer independently—this signals they are bound by a code of conduct.

What should I ask their referees?

Ask whether the facilitator spotted procedural flaws before the hearing, stayed impartial, and whether the hearing process held up if the matter went to the CCMA. Specifically ask if they were physically present for the full hearing. Vague praise is a red flag—genuine referees should give you specifics.

What is the red flag during my initial call with them?

Watch for reassurance instead of scrutiny. A good facilitator will ask about your letter of allegation, the employee's response, and your evidence gaps. If they say "it'll be fine" or offer to quietly advise you after the hearing, they are not truly independent.

Can I use the same person who advised me on the dismissal to chair the hearing?

No. The facilitator must be impartial. If they have already advised you on the outcome or the evidence, they cannot credibly chair a neutral process. Use someone fresh who can spot what your advisors missed.