Disposing with pre-dismissal procedures
Section 4(4) of the Code of Good Practice (Schedule 8 of the LRA) provides that: “In exceptional circumstances, if the employer cannot reasonably be expected to comply with these guidelines, the employer may dispense with the pre-dismissal procedure.” The Code however does not elaborate on what would be considered exceptional circumstances. Through case law, however, […]
Admissibility of evidence in a disciplinary inquiry
The term admissibility means refers to ‘the quality of being acceptable or valid, especially as evidence in a court of law.’ Though the Code of Good Practice outlines that a disciplinary hearing should be conducted with less legal formality than in a court of law, the evidence submitted during the hearing should, at the very […]
Getting technical with disciplinary hearings
When an employer institutes a disciplinary hearing against an employee, the employee is entitled to know and understand the nature of the charge(s) against him/her. As the employee has a right to answer or provide an explanation to the charge(s) against him/her (known as the audi alteram partem rule), employers need to make sure that […]