If this happened to you, note two things before reading further. Your 30 days to refer started on the day you were dismissed. And "no hearing" is one of several process failures worth checking for, not the only one.
This guide explains the law generally and is not advice about your own case.
The point of a hearing
A disciplinary hearing is not a court case and it is not meant to be one. Its purpose is narrow: before an employer dismisses you, you should know what you are accused of and get a real chance to answer it.
That is why a dismissal with a fair reason behind it can still fail. The employer may have been right about what you did and still have got there in a way the law does not accept.
What a fair process broadly involves
In general terms, a fair process before dismissal involves the employer:
- Investigating whether there is a case to answer.
- Telling you the allegation, clearly enough that you can actually answer it, and giving you reasonable time to prepare.
- Letting you state your side, and allowing assistance, commonly by a fellow employee or a union representative.
- Deciding through someone who has not already made up their mind.
- Telling you the outcome and the reason for it.
What matters is that you knew the case against you and had a real chance to answer it before the decision was made.
When "no hearing" is less clear cut
A few situations are worth separating, because people often assume they are the same.
You were invited and did not attend. If you were properly notified and chose not to come, or did not respond, the employer may be entitled to proceed in your absence. Whether that was fair usually turns on whether the notice was proper and whether you had a good reason for not attending.
There was a meeting but you would not call it a hearing. A short, informal meeting may still count as a process if you were told the allegation and given a chance to respond. It also may not. This is fact specific and it is one of the most commonly disputed points.
You were dismissed on the spot in an exceptional situation. There are limited circumstances in which an employer may dispense with a pre-dismissal process. These are narrow and they are the exception.
You were still on probation. The expectations on an employer are different during probation, particularly for performance, but different does not mean absent.
The other half of the question
Even where the process was clearly unfair, a commissioner still looks at the reason. Both tests matter and they are decided separately.
So it is worth knowing which of the two your own situation actually rests on, because they are argued differently.
Detail: Substantive and procedural fairness: the two tests explained
What to write down now
While it is fresh, and before anyone asks you for it:
- The date you were dismissed, and how you were told.
- Whether you were given any notice of an allegation, when, and in what form.
- Whether a meeting happened, who was in it, how long it lasted, and what you were asked.
- Whether you asked for assistance or a representative, and what the answer was.
- Whether you were given reasons for the decision, and whether an appeal was offered.
- The names of anyone who was present.
Keep every message and letter. Screenshots of WhatsApp messages are worth taking now rather than after a phone is lost or a number changes.
Where this leaves you
"They did not give me a hearing" is a real point and it is often a strong one. It is also not the whole case, and it is worth knowing which parts of your situation are strong and which are not before you spend months on it.
FairCase gives you that honestly, including when the answer is that your case is weaker than it feels. The deadline check is free either way.