Discliplinary Enquiry
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When Fairness Meets Firmness
When Fairness Meets Firmness The Labour Court Draws the Line on Procedural Perfection The Code of Good Practice is guidance, not gospel, and employers ... -
Can an employee ever say that the right to discipline has prescribed?
Can an employee ever say that the right to discipline has prescribed? As the law on prescription is relatively well settled, it is not ... -
Streamlining Disciplinary Procedures: Lessons from Legal Precedents
Streamlining Disciplinary Procedures: Lessons from Legal Precedents Legal insight on delayed disciplinary hearings and how it affects unpaid suspension. In a notable judgment from ... -
Missed opportunities: The implications of squandering a disciplinary hearing
Missed opportunities: The implications of squandering a disciplinary hearing In employer-employee workplace tales, a person decrying unfair termination is a common scenario. But what ... -
Consistency as an Element of Fairness During Disciplinary Hearings
Consistency as an Element of Fairness During Disciplinary Hearings Item 3 (6) of Schedule 8 (Code of Good Practice: Dismissal) of the Labour Relations ... -
Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers
Sour Lessons from the “Lemon Juice” Case: How to Sweeten Fair Dismissal Practices for Employers Lessons from Legal Precedents – SACCAWU obo Dlamini v ... -
Time is of the Essence – The Three-and-a-Half-Year Delay in Workplace Justice
Time is of the Essence – The Three-and-a-Half-Year Delay in Workplace Justice Swift Disciplinary Action: A Crucial Aspect of Procedural Fairness. In the recent ... -
Is a confession admissible in disciplinary proceedings?
Is a confession admissible in disciplinary proceedings? In the first judgement of 2024 the LAC had to determine amongst other issues whether a confession ... -
Evidentiary Enlightenment: The CCMA’s Revamped Rules for Effective Dispute Resolution
Evidentiary Enlightenment: The CCMA’s Revamped Rules for Effective Dispute Resolution The effect of the amendments to Rules 29 (disclosure of information) and 37 (subpoena) ... -
Excessive delays in instituting disciplinary proceedings may taint procedural fairness
Excessive delays in instituting disciplinary proceedings may taint procedural fairness On 25 January 2016, and after a delay of approximately three and half years ...
