There is no set amount of warnings before you can dismiss. If this is a regular thing and it is clear that the written warning is not sufficient, then you can dismiss.

If you give him a warning, you must give him a time within which to explain why the warning should not be upheld. If he can offer a reasonable and truthful explanation, then you must consider retracting the warning.

If you want to dismiss, the procedure is a bit different.

The South Africa Labour Legislation require that, before you can dismiss an employee, it must be for a fair reason, following a fair procedure. The Department of Labour has issued a Code of Good Practice which stipulate the minimum requirements for fair procedure and a list of fair reasons. This can be accessed at http://www.workinsolutions.co.za/downloads/Code%20of%20Good%20Practice%20-%20Dismissal.pdf

Basically, with regard to fair procedure, it normally entails a disciplinary hearing. In order to conduct a disciplinary hearing, you would have to give the employee notice of such a hearing. The notice must contain the following information:

1. The date, place and time of the hearing.
2. The charge against the employee
3. The employees rights, which would include:
• The right to present evidence.
• The right to present witnesses
• The right to cross examine the witnesses of the employer and the evidence of the employer
• The right to be represented by a co-worker or a union representative

At the hearing itself, the best practice would be to get an expert in to assist you, preferably someone impartial, however, if the cost of this is an issue to you, then you can ask someone to chair your disciplinary hearing, however, it is imperative that such a person exercises his judgment impartially.

A hearing will normally follow the same procedure as a trial at court, just a lot more formal. The employer will be given an opportunity to prove the charge and the employee will be given an opportunity to state his/her side of the story. Both employer and employee are allowed to cross-examine each other's versions as well as the versions of each of the witnesses.

Once the presiding officer has come to a decision, the employer and employee has to be informed of the decision in writing.

It is imperative that the employer as well as the chairperson take detailed notes of the proceedings and to store this for at least a year.

Note that this is not the only procedure, but this is the most appropriate procedure in most instances. The Act does allow for an even more informal procedure, where the employer both chair the hearing and act as prosecutor, however, this should only be employed where the issues are not complex.