Discliplinary Enquiry
-
Evidence not always admissible in cases
Ivan Israelstam It is often very difficult for employers to provide, at the CCMA and bargaining councils, sufficient proof that the employee is guilty ... -
To trap or not to trap – that is the question
To trap or not to trap – that is the question This issue of entrapment crops up every now and again – I know ... -
Time: is it the enemy?
Time: is it the enemy? We often get asked the question regarding the time limit between the commission of an offense of misconduct, and ... -
The Transgression
In terms of disciplinary procedures, there are certain basics that must be clearly understood regarding complaints or transgressions. First: A process of discipline deals ... -
The severity of the Sanction – can the Chairperson be overruled?
This question often arises – Can the employer, at an appeal hearing, increase the severity of a sanction imposed by the chairperson of the ... -
The Right to Representation
The Right to Representation It is sometimes necessary for us to re-visit a topic on which previous articles have appeared because of changes that ... -
The minimum requirements for a fair disciplinary hearing
Fair procedure Nicolene Erasmus Introduction Section 188 of the LRA provides that, to be fair, a dismissal that is not automatically unfair must be ... -
The Investigation of the Complaint
All complaints must be investigated. The investigation is necessary firstly to establish if it is necessary to take disciplinary action in the form of ... -
The Disciplinary Procedure For Misconduct
The Disciplinary Procedure For Misconduct Provided by the Commission for Conciliation Mediation and Arbitration (CCMA) The purpose of these explanatory notes is to supplement ... -
The Disciplinary Hearing
A Guide to Disciplinary Hearings At the outset, let it be stated that: the full proceedings must be recorded in writing in the minutes. ...
