CCMA & disciplinary process support

What to hand your representative before a conciliation or arbitration

Learn what documents and evidence to prepare for your CCMA conciliation or arbitration hearing to support your representative's case.

Walking into a conciliation or arbitration hearing unprepared is how employers lose cases they could have won. Your representative—whether an HR consultant, labour relations specialist, or attorney—will guide you through the process, but the material you bring shapes what they can actually argue on your behalf.

The difference between handing over a folder of scattered emails and a coherent document bundle is often the margin between a fair outcome and a ruling that stings. This isn't about overwhelming the CCMA commissioner with paper; it's about giving your representative the right pieces to build a credible story.

The core documents your representative needs first

Start with the employment contract and any signed variations. Then add the relevant policies—disciplinary code, performance management framework, grievance procedure, code of conduct—that governed the employment relationship. Your representative needs to show that the dismissal followed a fair process baked into your organisation's own rules.

Next, bring contemporaneous records: the written warnings or performance improvement plans issued before dismissal, if any. Emails where you flagged issues with the employee. Attendance records, timesheets, or work logs proving the alleged misconduct or poor performance. Payslips. Rosters. Anything dated and filed at the time, not reconstructed later.

If the dismissal was for misconduct, gather the investigation file. Notes from interviews with the employee and witnesses. Records of what the employee said in their defence. Minutes of the disciplinary hearing itself. This shows the commissioner that you didn't ambush the employee; you gave them a chance to respond.

Evidence specific to the case

What else you need depends on why you dismissed the person. For performance-related dismissal, bring evidence of the standard expected, training or support offered, and measurements showing the employee fell short. For misconduct, bring proof of what happened—not gossip, but documented facts. For retrenchment, bring financial records showing the business genuinely couldn't afford the role.

If the employee made a grievance or raised a concern before dismissal, bring your response. If there were previous disputes or warnings about similar behaviour, include those. Gaps in documentation hurt your case; your representative can only work with what exists.

Don't assume oral evidence alone will carry you. The commissioner reads the file. If something isn't written down and dated, it's harder to prove later.

How to hand it over so your representative can use it

Organise the documents chronologically or by theme—your representative will advise which works best for your case. Use a contents page. Number or tab each document. Include a cover sheet with the employee's name, the reason for dismissal, and the key dates: hire date, when issues began, when you acted, when dismissal took effect.

Flag anything ambiguous or that works against you. Your representative will find it anyway; being upfront saves time and builds trust. If an email looks bad out of context, explain the context. If a policy wasn't actually followed, say so rather than hoping it slides past.

Bring originals or certified copies, not photocopies of photocopies. If documents are digital, provide them in a readable format—PDF, not a photo of a screen.

What you're really doing

You're giving your representative the foundation to argue your case with authority. The CCMA commissioner doesn't know your business or your version of events. She knows only what the file shows and what's said in the hearing. If the documentation is clear, consistent, and dated, your representative can build a coherent narrative. If it's scattered, late-added, or missing, even a skilled advocate struggles.

A good HR consultant or labour relations specialist will tell you upfront what's missing and what it means for your prospects. They'll also tell you if the dismissal looks fair on paper but risky in practice—and sometimes that honesty is the most valuable thing they offer.

When you're ready to go to conciliation or arbitration, Strove can help you find and vet a verified labour relations consultant or attorney with actual CCMA experience. The difference between a representative who reviews your file methodically and one who wings it shows up in the hearing room.

Common questions

Do I need to prepare everything myself, or will my representative ask for what they need?: A good representative will ask for specifics once they understand your case, but you'll save time and money by gathering the core documents first: contracts, policies, warnings, investigation notes, and any contemporaneous records of the issue. The more organised you are at the first meeting, the faster they can advise on your prospects.
What happens if I don't have written documentation for something that happened?: Missing documentation weakens your case because the commissioner relies heavily on the file. Your representative can still argue oral evidence, but you'll be at a disadvantage if the employee's version contradicts yours on paper. It's a reason to be thorough and dated in your records going forward.
Should I include personal notes or emails between me and my managers?: Yes, if they're relevant and dated. Personal notes showing your thinking at the time can help, but inflammatory comments or admission of unfair treatment will hurt you. Your representative will advise what to emphasise and what to mention briefly. Honesty about what the file contains builds credibility.
What if I'm worried some documents make the dismissal look unfair?: Tell your representative upfront. They'll assess whether it's genuinely damaging or manageable in context, and they'll prepare a response. Hoping problematic documents go unnoticed usually backfires; tackling them head-on is better.

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The core documents your representative needs first

Evidence specific to the case

Don't assume oral evidence alone will carry you. The commissioner reads the file. If something isn't written down and dated, it's harder to prove later.

How to hand it over so your representative can use it

Bring originals or certified copies, not photocopies of photocopies. If documents are digital, provide them in a readable format—PDF, not a photo of a screen.

What you're really doing

Common questions

Do I need to prepare everything myself, or will my representative ask for what they need?

A good representative will ask for specifics once they understand your case, but you'll save time and money by gathering the core documents first: contracts, policies, warnings, investigation notes, and any contemporaneous records of the issue. The more organised you are at the first meeting, the faster they can advise on your prospects.

What happens if I don't have written documentation for something that happened?

Missing documentation weakens your case because the commissioner relies heavily on the file. Your representative can still argue oral evidence, but you'll be at a disadvantage if the employee's version contradicts yours on paper. It's a reason to be thorough and dated in your records going forward.

Should I include personal notes or emails between me and my managers?

Yes, if they're relevant and dated. Personal notes showing your thinking at the time can help, but inflammatory comments or admission of unfair treatment will hurt you. Your representative will advise what to emphasise and what to mention briefly. Honesty about what the file contains builds credibility.

What if I'm worried some documents make the dismissal look unfair?

Tell your representative upfront. They'll assess whether it's genuinely damaging or manageable in context, and they'll prepare a response. Hoping problematic documents go unnoticed usually backfires; tackling them head-on is better.