Can I be dismissed for misconduct without an inquiry?
- Under the model standing orders, you can appear in person at the enquiry, or be represented by a union office-bearer or a co-worker of your choice order 24(6)(c).
- A penalty follows only if you are found guilty, and after you have had a reasonable chance to respond to the penalty proposed order 24(6)(f).
- Dismissing a worker in utter disregard of natural justice in the enquiry is an unfair labour practice Second Schedule.
The model standing orders are for industrial establishments with three hundred or more workers (IR Code s. 28(1)), and your employer's certified standing orders may differ. Elsewhere, check your appointment letter, and see what applies at a smaller workplace.
The citations are to the service sector's model. These points read the same for manufacturing (order 23) and mining (order 24).
Last checked 1 Nov 2026 · written from the official text · not reviewed by a lawyer. This explains the law in general and does not decide your case.