Frequently Asked Questions

Sentinel Labour Consulting is a South African labour relations advisory practice. We prepare, coach, and advise both employers and employees across disciplinary hearings, incapacity inquiries, CCMA conciliation and arbitration, unfair labour practice disputes, employment contract drafting, and independent hearing chairperson services.

Our role is preparation, strategy, and advisory — we ensure every client walks into a hearing, conciliation, or arbitration fully prepared, with a clear understanding of the legal framework, the facts, and the strongest available case.

Both. Sentinel operates on both sides of the employment relationship. Employer clients typically engage us for disciplinary hearing chairperson services, procedural compliance advice, contract drafting, and Poor Work Performance management. Employee clients engage us when facing disciplinary action, dismissal, or unfair labour practice disputes — including CCMA matters.

We treat each mandate as independent. When we act for an employer, we bring rigour and procedural integrity to protect the employer. When we act for an employee, we bring the same vigour to protecting their rights.

Sentinel is based in Cape Town. For advisory, preparation, and coaching work — which covers the majority of what we do — we work with clients nationally via virtual consultation. Hearing documents, strategies, scripts, and CCMA preparation are all produced remotely and delivered to you before your engagement date.

For in-person chairperson services, please contact us to discuss your location and logistics.

Sentinel’s model is preparation, advisory, and coaching — not direct representation. We prepare everything you need: your opening statement, your evidence structure, your witness questions, your cross-examination strategy, your closing argument, and your mitigation. You walk in fully equipped.

This model gives you the professional rigour of proper preparation while keeping you in control of your own matter. Many clients find this preferable to paying for representation — and in CCMA conciliation, parties must engage personally in any event.

A labour attorney is a practising advocate or attorney admitted to the roll. A labour consultant is a specialist in workplace relations and procedure who operates within the labour relations framework — disciplinary processes, CCMA rules, the LRA, BCEA, and Schedule 8 — without being an admitted legal practitioner.

For most disciplinary hearings and CCMA matters, a skilled labour consultant provides equivalent practical value at a fraction of the cost. Where litigation beyond the CCMA becomes necessary (Labour Court, LAC), a labour attorney would be required. Sentinel will always advise you honestly if your matter reaches that threshold.

Yes. We draft employment contracts, disciplinary codes, grievance procedures, and supporting HR documentation aligned with the LRA and BCEA. These documents are tailored to your business — not generic templates — and drafted to hold up when challenged.

Well-drafted foundational documents reduce exposure significantly. They are often the first thing examined when a dismissal is challenged at the CCMA.

Start before you issue the notice. The procedural steps you take now determine whether a dismissal, if it comes to that, will survive CCMA scrutiny. Before issuing a notice to attend a disciplinary hearing, you should have a clear charge sheet, a documented record of prior warnings if applicable, and a fair investigation.

Sentinel advises employers at this pre-hearing stage — reviewing the charge sheet, confirming the procedure is sound, and preparing the employer representative to present the case confidently. Contact us as early as possible; late preparation limits options.

A hearing chairperson is the neutral decision-maker who presides over a disciplinary hearing — hears the evidence, controls the proceedings, and issues a finding and sanction. The chairperson must be independent: a line manager chairing a hearing about their own subordinate creates a perception of bias that can unravel an otherwise valid process.

Sentinel provides independent chairperson services to employers. Our chairpersons are experienced in applying Schedule 8 of the LRA, managing contested hearings, and producing reasoned written verdicts that reflect a defensible process.

An independent chairperson does not guarantee a particular outcome — they guarantee a fair, procedurally sound process. That distinction matters enormously if the matter reaches the CCMA.

Poor Work Performance is an incapacity matter — it is governed by Schedule 8 of the LRA and handled differently from misconduct. Dismissal for poor performance requires evidence that the employee was aware of the standard expected, was given a reasonable opportunity to meet it, received support, and failed to improve despite this.

Sentinel’s PWP Management service covers all three phases: initial assessment and documentation, a structured Performance Improvement Plan (PIP), and where necessary, an incapacity inquiry chaired independently by Sentinel. Skipping or shortcutting any phase creates significant CCMA exposure.

Act immediately. Read the notice carefully — check that the charges are clearly stated, that you’ve been given adequate notice, and that you understand what is being alleged. You have the right to be heard, the right to a representative, and the right to call witnesses.

Sentinel prepares employees for disciplinary hearings: we analyse the charges, identify weaknesses in the employer’s case, build your defence, prepare your evidence and your witness questions, and ensure you understand your rights under the LRA and your employer’s disciplinary code. The preparation you do before the hearing is almost always decisive.

You have 30 days from the date of dismissal (or the date you became aware of it) to refer an unfair dismissal dispute to the CCMA. This deadline is strict — missing it requires a formal application for condonation and is not guaranteed. Do not delay.

Sentinel prepares employees for both the conciliation and arbitration stages of the CCMA process — the opening statement, the evidence, the cross-examination of the employer’s witnesses, and the closing argument. We ensure you present your strongest possible case.

A dismissal can be challenged on either or both grounds. Substantive unfairness means the dismissal itself was not justified — the employer did not have a valid reason to dismiss you.

Procedural unfairness means the employer failed to follow the proper legal process before disciplining or dismissing you — regardless of whether they believed they had a valid reason to do so. The law requires that process be followed correctly every time, without exception.

Both forms of unfairness carry remedies at the CCMA, which may include reinstatement or compensation. The distinction matters strategically: in some cases the substantive case is strong, in others the procedural case carries the matter. Sentinel analyses both angles when preparing your dispute.

The Commission for Conciliation, Mediation and Arbitration (CCMA) is a statutory body that resolves labour disputes. Most dismissed employees must first refer their matter to the CCMA before approaching the Labour Court.

The process has two main stages. Conciliation is a facilitated settlement discussion between the parties — it is informal, confidential, and without legal representation in most cases. If unresolved, the commissioner issues a certificate of non-resolution. Arbitration is a formal hearing before a commissioner who hears evidence, applies the law, and issues a binding award — effectively a mini-trial.

Sentinel prepares clients for both stages. The approach and strategy differ significantly between them.

In our assessment, yes — particularly for arbitration. CCMA arbitration is a formal proceeding in which evidence is led, witnesses are cross-examined, and legal submissions are made. An unprepared party facing a prepared opponent is at a significant structural disadvantage, regardless of the merits of their case.

Sentinel prepares clients to present their own case with confidence — opening statement, evidence bundle, witness questions, and cross-examination strategy, all structured and rehearsed before the hearing date. Many clients who believed their case was straightforward have been surprised by how much preparation makes a difference.

Payment is required in advance of work commencing. For hearing chairperson services, work is deemed to have commenced once the engagement date is confirmed and reserved in Sentinel’s schedule — early confirmation is therefore important.

Sentinel accepts EFT, credit card, and debit card. Banking and payment details are provided upon confirmation of the engagement. EFT clients are asked to submit proof of payment via email or WhatsApp.

We are currently developing a structured retainer offering for employer clients requiring ongoing advisory support. If you are interested in a retainer arrangement — particularly for businesses with recurring disciplinary matters or HR advisory needs — please contact us directly to discuss your requirements. We will accommodate this on a bespoke basis while the formal retainer product is finalised.

We prioritise responsiveness. For most advisory and preparation mandates, we can begin work within 24–48 hours of receiving the relevant documents and confirming the engagement. Hearing dates and CCMA referral deadlines move fast — contact us as early as possible and we will confirm capacity and turnaround immediately.

Confidentiality is fundamental to Sentinel’s practice. All information shared with us in connection with a matter — documents, facts, personal details, and strategic discussion — is treated as strictly confidential. Sentinel does not disclose client information to third parties except where required to perform the agreed service or where compelled by law. Our Terms and Conditions contain express confidentiality obligations binding on both parties.

A few things we believe set us apart:

• Preparation depth: Our documents are detailed, structured, and written in the voice of the client. We do not produce generic templates — every document is built around the specific facts, charges, and evidence in your matter.
• Both-sides experience: Having advised on both employer and employee mandates gives us a genuine understanding of how the other side thinks, prepares, and argues. That perspective sharpens every case we work on.
• Transparent pricing: Our fee structure is documented, published, and applied consistently. No surprises.
• Honest counsel: If your case is weak, we will tell you — and we will tell you why, and what your realistic options are. We do not take mandates we cannot add value to.