South African labour law recognises competent verdicts in disciplinary enquiries, where an employee may be found guilty of misconduct not precisely reflected in the charge sheet. The decisive test is prejudice: whether the employee understood the factual conduct, had a fair opportunity to defend themselves, and would not have defended differently. This article unpacks leading cases and offers practical guidance for HR and chairpersons on substance over form.

Labour Court upholds dismissal for gross negligence in stock loss case, reinforcing accountability in inventory management.

Labour Court upholds dismissal for workplace racism, reinforcing zero-tolerance policies and emphasizing fair disciplinary procedures.