More and more often I am coming across Notices of Disciplinary Hearings which contain incorrect or inaccurate charges/alleged offences. The Chairperson is bound by the wording of these charges - even where the evidence may show that the Employee is guilty of an offence - but not the one described in the Notice - a not guilty finding will result.

Many a matter has been lost at the CCMA because the offence has been incorrectly worded.

There are ways of correcting an incorrect charge, but caution must be exercised and a specialist consulted.