Audi Alteram Partem
Also known as: Right to be Heard, Natural Justice.
What is Audi Alteram Partem?
Audi alteram partem is the common-law principle that no person may be penalised without being heard. In South African labour law it requires employers to give employees fair notice of charges and a reasonable opportunity to respond before dismissal or serious discipline. It underpins item 4 of Schedule 8 to the LRA.
Drafted and reviewed by
Attorney & Founder, My-Contracts.co.za · Legal Practice Council of South Africa (LPC F17333)
Definition and context
Audi alteram partem — "hear the other side" — is a fundamental rule of natural justice incorporated into South African administrative and labour law through section 33 of the Constitution (the right to just administrative action) and section 188 of the Labour Relations Act 66 of 1995 (fair dismissal). Item 4 of Schedule 8 translates it into workplace procedure: the employer must conduct an investigation, notify the employee of the allegations in a form and language the employee understands, give the employee a reasonable time to prepare, and allow the employee to state a case — with the assistance of a trade union representative or fellow employee.
The Constitutional Court in Avril Elizabeth Home for the Mentally Handicapped v CCMA (2006) 27 ILJ 1644 (LC) confirmed that workplace hearings need not be formal criminal-style trials. What matters is that the employee substantively understands the complaint and has an opportunity to answer it. The Labour Court in Chemical Workers Industrial Union v Algorax (Pty) Ltd (2003) held that a unilateral decision without hearing renders the dismissal procedurally unfair even if the substantive reason is valid.
Attorneys applying audi in contracts typically ensure the disciplinary code spells out (i) written charges, (ii) at least 48 hours to prepare, (iii) the right to a representative, (iv) the right to lead evidence and cross-examine, and (v) a written outcome with reasons and appeal rights. Failure to observe audi in section 34(2) BCEA deductions or probation terminations routinely results in compensation of up to 12 months\' remuneration under section 194 of the LRA.
Where this term lives in law
Labour Relations Act 66 of 1995
Sections: 188, 189, 194, 203
Regulates the relationship between employers, employees, and trade unions, including dismissals and CCMA jurisdiction.
Basic Conditions of Employment Act 75 of 1997
Sections: 34
Sets minimum employment standards including working hours, leave, and termination requirements.
Frequently asked questions
What does audi alteram partem mean in employment law?
It means the employee must be given fair notice of allegations and a real opportunity to respond before the employer imposes a disciplinary sanction, dismisses, or makes a deduction from pay.
Must the hearing be a formal trial-style process?
No. Avril Elizabeth v CCMA confirmed that a workplace hearing only needs to be substantively fair — written charges, time to prepare, right to representation and a chance to answer. Formal rules of evidence do not apply.
Does audi apply to section 189 retrenchments?
Yes, but in the form of consultation rather than a hearing. Section 189 requires meaningful joint consensus-seeking with employees or their representatives before any dismissal for operational requirements.
What happens if an employer ignores audi alteram partem?
The dismissal will be procedurally unfair. Under section 193 of the LRA the CCMA can order reinstatement or compensation of up to 12 months' remuneration, even if the substantive reason for dismissal was valid.
Contract templates using this term
3 templates reference Audi Alteram Partem.