MetaUnion Steward · prototype

9:41

MetaUnion

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SS-2024-0047

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9:41

Shop steward

Bongani Nkosi

3

Active cases

1

Hearing this week

12

Closed (2026)

MY ACTIVE CASES

New case

Unfair Dismissal

13 Nov — 2 days

Sipho Molefe · MU-2026-047

Hearing confirmed — generate report soon

Disciplinary Hearing

Awaiting employee

Sandra Khumalo · MU-2026-051

Strategy shared — pending approval

Harassment Grievance

Evidence needed

Thabo van der Berg · MU-2026-039

2 of 4 documents uploaded

Unfair Labour Practice

Won

Nokwanda Dlamini · MU-2026-031

Closed 18 September 2026

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9:44

New case

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CASE TYPE

Unfair Dismissal

Disciplinary

Harassment

ULP

EMPLOYEE DETAILS

SM

Sipho Molefe

EMP-001847 · Production floor

CASE DESCRIPTION

Describe what happened in your own words — include dates, witnesses, and any history

Sipho Molefe was dismissed on 13 October 2026 for alleged gross misconduct following an argument with a supervisor. He has been with the company for 7 years with a clean disciplinary record. The company did not conduct a proper investigation or give him adequate opportunity to state his case before the hearing. Three colleagues witnessed the incident and are willing to testify. No prior written warning was issued before dismissal.

13 October 2026

Date of incident

3 witnesses

Willing to testify

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9:46

AI case analysis

Sipho Molefe · MU-2026-047

Describe

2

Strategies

3

Review

4

Report

Analysed 81 CCMA cases · LRA Sections 188 & 192 · 2 union–employer agreements · Code of Good Practice: Dismissal (2025)

3 CASE STRATEGIES FOUND — SELECT ONE

Substantive Unfairness

No valid reason for dismissal · LRA s188

78%

7-year clean record with no prior warnings makes the dismissal disproportionate. Arbitrators often order reinstatement in comparable cases.

Service record Witness statements HR correspondence

Based on 34 CCMA cases · Recommended

Select →

Procedural Irregularity

Flawed disciplinary process · LRA s188(1)(b)

65%

No written warning, inadequate investigation, and insufficient opportunity to respond — each a procedural breach under the Code of Good Practice: Dismissal.

Hearing minutes Warning records Company policy doc

Based on 28 CCMA cases

Select →

Comparative Precedent

Inconsistent treatment · LRA s188(1)(a)

52%

Other employees were not dismissed for similar conduct. Inconsistent application of discipline can make the dismissal substantively unfair.

Comparator evidence Disciplinary register

Based on 19 CCMA cases

Select →

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9:47

Substantive Unfairness

Strategy 1 · Recommended

78%

success

Strong case

Based on 34 CCMA cases with similar employee profiles and dismissal circumstances.

LRA s188

Legal basis

34 cases

CCMA precedent

Clause 12

Union agreement

Case approach

The dismissal lacked a valid and fair reason. With 7 years of service and a clean disciplinary record, dismissal is disproportionate to the alleged conduct. The Code of Good Practice: Dismissal (2025) requires employers to consider alternative sanctions — warnings, suspension — before dismissing long-serving employees.

REQUIRED EVIDENCE

Service record (7 years)

Uploaded

Clean disciplinary record confirmation

Uploaded

Witness statements (3 colleagues)

Pending

HR dismissal letter

Pending

Company misconduct policy

Uploaded

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9:49

Strategy selected

Notifications sent automatically

Substantive Unfairness selected

78% success rate · Based on 34 CCMA cases · LRA s188

NOTIFICATIONS SENT

SM

Sipho Molefe

Employee · Affected member

Sent

Strategy shared for review and approval. Awaiting your confirmation and any additional information you wish to provide before the hearing.

UNION LINE MANAGERS NOTIFIED

TM

Thandi Mokoena · Regional manager

Awaiting input

KS

Kabelo Sithole · Legal advisor

Awaiting input

Hearing date: 13 November 2026 · 09:00 · CCMA Johannesburg. You will be notified when the employee approves and managers submit their input.

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10:12

Your case · Action required

Review your case strategy

From shop steward Bongani Nkosi · MetaUnion · Case MU-2026-047

Your case summary

Unfair dismissal on 13 October 2026 · 7 years of service · Clean disciplinary record · Dismissal for alleged gross misconduct without prior warning.

Our approach

Substantive Unfairness

78% success

We will argue that the dismissal had no valid reason. With your 7-year clean record, the punishment is disproportionate. Arbitrators often find in favour of employees in this situation.

Do you have anything to add?

Any additional context, witnesses not mentioned, or documents that may help your case:

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11:05

Regional manager · Input required

Case MU-2026-047

CASE OVERVIEW

SM

Sipho Molefe

Unfair Dismissal · 13 October 2026 · 7 years service

Employee approved: Substantive Unfairness · 4 November 2026

INPUT ALREADY RECEIVED

KS

Kabelo Sithole · Legal advisor

5 November 2026 · 09:32

"This is a strong case. Rely on the 2025 Dismissal Code’s requirement to consider alternatives to dismissal. The company's own disciplinary code requires three written warnings before dismissal."

YOUR INPUT (Thandi Mokoena)

Add any observations, risks, or additional context for this case…

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13 Nov · 08:31

Hearing day

MU-2026-047 · Today

CCMA Johannesburg

13 November 2026 · 09:00 · Room 4B

Arbitrator: Commissioner T. Dlamini

29 minutes away

CASE READINESS

Case strategy: Substantive Unfairness

Employee approved strategy · 4 November 2026

Manager input received (2 of 2)

Evidence: 4 of 5 documents uploaded

1 witness statement outstanding — proceeding

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13 Nov · 08:34

Hearing Preparation Report — Generated

Ready

MetaUnion

HEARING PREPARATION REPORT

Case ref: MU-2026-047

13 November 2026

IN THE MATTER BETWEEN

Sipho Molefe (Employee / Applicant)

AND

ABC Manufacturing Pty Ltd (Employer / Respondent)

CCMA · Johannesburg · Commissioner T. Dlamini

1. GROUNDS

The dismissal of Mr Sipho Molefe on 13 October 2026 was substantively unfair in terms of Section 188 of the Labour Relations Act 66 of 1995. No valid reason existed to justify dismissal, and the sanction was disproportionate given the employee's 7-year service record and clean disciplinary history.

2. LEGAL BASIS

· LRA s188 — Substantive fairness

· Code of Good Practice: Dismissal (2025)

· Union–employer agreement, Clause 12

3. EVIDENCE SUBMITTED

· 7-year clean service record (HR confirmed)

· Disciplinary record — nil prior warnings

· Company misconduct policy

· 2 of 3 witness statements

4. RELIEF SOUGHT

Reinstatement with effect from the date of dismissal, 13 October 2026, alternatively compensation of up to 12 months' remuneration.

Prepared by: Bongani Nkosi · MetaUnion Shop Steward SS-2024-0047

Generated by MetaUnion AI · 13 November 2026 · 08:34

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