- Title
- An employer's ability to substitute a disciplinary hearing sanction
- Creator
- Hlwatika, Siphile
- Subject
- Employees--Dismissal of--Law and legislation
- Subject
- Labor discipline--South Africa
- Date Issued
- 2022-04
- Date
- 2022-04
- Type
- Master's theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/55690
- Identifier
- vital:53407
- Description
- It is common practice for employers to appoint external disciplinary hearing chairpersons to preside over a disciplinary hearing which has been convened for purposes of investigating allegations of misconduct against an employee. The external chairperson is ordinarily mandated to decide on guilt, and to the extent that there is a guilty finding, to recommend or impose the appropriate disciplinary sanction. Employers often tend to have expectations that the external chairperson will, after having found the employee guilty of the alleged misconduct, impose a sanction of dismissal. The expected outcome of dismissal, however, does not always occur. An external chairperson may impose a sanction short of dismissal after considering an disciplinary sanction may result in the employer instituting an internal review process to review the external chairperson employers may resort to unilaterally substituting the external disciplinary sanction with a sanction of dismissal. or the collective agreement regulating the disciplinary procedure in the workplace may or may not make provision for the substitution of the disciplinary sanction. In circumstances where there is no provision for the substitution of the disciplinary sanction, t questions regarding the applicability of the double jeopardy principle which means, in an employment context, that an employee should not be subjected to more than one disciplinary hearing on disciplinary charges arising from the same set of facts. It is, however, a well-established principle that employers who are classified as organs of state can review their own decisions. This includes decisions of chairpersons who are appointed preside over disciplinary hearings and decide on the appropriate disciplinary sanction. In the latter case, and in circumstances where the organ of state is dissatisfied with the disciplinary sanction, it may institute review proceedings in the Labour available to organs of state and not private-sector employers. This research seeks to determine whether it is permissible for an employer to substitute an external , and, if so, the circumstances under which an employer is allowed to do so and the procedure which should be followed in such an instance.
- Description
- Thesis (LMM) -- Faculty of Law, Mercantile Law, 2022
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (107 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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NMU Department of Mercantile Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Hlwatika, S (1).pdf | 2 MB | Adobe Acrobat PDF | View Details Download |