Can You Be Sacked at a Disciplinary Hearing?

Yes, you can be sacked (dismissed) at a disciplinary hearing, but only if due process is followed and the allegations against you warrant termination. Employers must ensure that the dismissal is fair, lawful, and based on strong evidence to avoid wrongful termination claims.

At Ultimate Forensic Consultants, we help employees understand their rights in disciplinary hearings, challenge unfair dismissals, and appeal wrongful termination.

This guide explains when you can be dismissed at a disciplinary hearing, legal requirements, and what to do if you feel the decision was unfair.

1. Can You Be Dismissed at a Disciplinary Hearing?

Yes, but only if:

✔️ The allegations involve serious misconduct or gross misconduct.
✔️ Your employer follows due process, including:

• Issuing a Show Cause Letter (Disciplinary Notice).
• Conducting a fair disciplinary hearing.
• Giving you a chance to present your defense.
  ✔️ There is strong evidence supporting the allegations.
  ✔️ The employer considers alternative disciplinary actions before deciding on dismissal.

📢 Tip: If your employer fails to follow due process, you may have grounds for unfair dismissal claims.

2. Legal Grounds for Dismissal at a Disciplinary Hearing

A. What Justifies Dismissal?

🚨 Gross Misconduct – Serious violations that justify immediate dismissal, including:

• Theft or Fraud – Stealing company money, assets, or engaging in fraud.
• Violence or Assault – Fighting, physical altercations, or threatening colleagues.
• Serious Breach of Company Policies – Violating workplace rules on data security, safety, or harassment.
• Insubordination – Refusing lawful orders from management.
• Sexual Harassment – Engaging in unwanted advances, inappropriate behavior, or discrimination.

📢 Warning: Gross misconduct can lead to instant dismissal, but the employer must still conduct a hearing first.

🚫 Repeated Misconduct – If an employee repeatedly violates company policies despite prior warnings, dismissal may be justified.
📌 Example: Repeated lateness, absenteeism, or failure to meet performance targets.

⚖️ Poor Performance – If an employee consistently underperforms despite warnings, training, and performance improvement plans, dismissal may occur.
📌 Example: Failing to meet work targets, deadlines, or key responsibilities.

📢 Tip: Employers must provide evidence of poor performance and attempts to help the employee improve before dismissing them.

3. What Employers Must Do Before Dismissing an Employee

Under Kenyan labor laws, employers cannot fire employees arbitrarily—they must follow a fair disciplinary process, including:

✔️ Issuing a Show Cause Letter – Explaining the allegations and potential consequences.
✔️ Conducting a Fair Hearing – Giving the employee a chance to defend themselves.
✔️ Allowing Employee Representation – Letting the employee bring a colleague, union rep, or lawyer (if allowed by company policy).
✔️ Reviewing All Evidence – Making a decision based on facts, not personal opinions.
✔️ Providing a Written Decision – Informing the employee of the final ruling and their right to appeal.

📢 Tip: If your employer fires you without following these steps, you may have grounds for an unfair dismissal claim.

4. What to Do If You Are Sacked at a Disciplinary Hearing

Step 1: Request a Written Explanation for Your Dismissal

✔️ Ask for a termination letter that outlines:

• The exact reasons for your dismissal.
• The evidence used against you.
• Your right to appeal.

📢 Tip: This document is crucial if you plan to challenge the dismissal.

Step 2: File an Appeal (If You Believe the Dismissal Was Unfair)

✔️ If you believe the dismissal was unfair, biased, or lacked evidence, file an appeal within 5-14 days.
✔️ Submit a formal appeal letter to HR or management.

📌 Example Appeal Letter Structure:

Subject: Appeal Against Dismissal Decision

Dear [HR Manager’s Name],

I am writing to formally appeal the decision to terminate my employment on [Date]. I believe the dismissal was unfair because:

• The allegations against me were not supported by strong evidence.
• The disciplinary process was not conducted fairly.
• I was not given a proper chance to defend myself.

I request a review of my case and reconsideration of the decision. Please let me know the next steps regarding my appeal.

Best regards,
[Your Name]

📢 Tip: A well-written appeal increases your chances of reinstatement or reduced penalties.

Step 3: Seek Legal Advice for Wrongful Dismissal

✔️ If your appeal is denied, consult a labor lawyer or HR expert to assess whether you have a case for unfair dismissal.
✔️ If necessary, file a case with the Employment and Labour Relations Court in Kenya.

📢 Tip: Many employees win wrongful dismissal cases if the employer failed to follow due process.

5. How to Avoid Being Sacked at a Disciplinary Hearing

✔️ Prepare a Strong Defense – Gather emails, witness statements, and performance records.
✔️ Challenge Weak Evidence – If the employer lacks proof, highlight the lack of solid evidence.
✔️ Remain Professional & Respectful – Avoid emotional or aggressive reactions.
✔️ Negotiate Alternative Punishments – Suggest training, a final warning, or a performance improvement plan instead of dismissal.
✔️ Seek Representation – If allowed, bring a colleague, union rep, or lawyer to support you.

📢 Tip: A well-prepared employee can sometimes avoid dismissal by presenting a strong and professional defense.

6. How Ultimate Forensic Consultants Can Help You

At Ultimate Forensic Consultants, we assist employees by:

🛡 Reviewing Disciplinary Cases – Checking if the employer followed due process.
🛡 Preparing Strong Defense Strategies – Helping you gather evidence and draft responses.
🛡 Handling Appeals & Legal Representation – Challenging unfair dismissals.
🛡 Negotiating Alternative Penalties – Working with employers to avoid job loss where possible.
🛡 Filing Legal Cases for Wrongful Dismissal – Ensuring you receive justice and compensation if unlawfully dismissed.

📞 Sacked at a disciplinary hearing? Contact Ultimate Forensic Consultants today for expert support!

7. Conclusion

Yes, you can be dismissed at a disciplinary hearing, but only if your employer follows a fair process and has strong evidence. Employees should always defend themselves, challenge weak evidence, and file appeals if necessary.

📞 Need help with a disciplinary hearing or wrongful dismissal claim? Contact Ultimate Forensic Consultants today!

FAQs

1. Can I be fired immediately after a disciplinary hearing?
✅ Yes, if the case involves gross misconduct (e.g., fraud, violence, or theft). However, the employer must still conduct a hearing first.

2. Can I appeal if I am dismissed?
✅ Yes! Employees can file an appeal within 5-14 days if they believe the decision was unfair or unlawful.

3. Can I sue my employer for wrongful dismissal?
✅ Yes, if your employer did not follow due process or dismissed you without strong evidence.

📢 Need expert defense? Contact Ultimate Forensic Consultants today!