The Disciplinary Eenquiry

The Disciplinary Eenquiry

What happens if an employee simply walks out of the disciplinary enquiry? Does this mean that the employee has effectively pleaded guilty or does it mean that the employee has given up his or her right to an enquiry altogether? Some employees believe that by doing so, they are shooting down the entire process and that they can then later claim that the dismissal was procedurally unfair. For the employer, it creates the temptation not to hold the enquiry at all, thinking that all is said and done. But there are certain requirements that must be met before an employee can be said to have waived his or her right to a disciplinary enquiry. And the fact that the employee has furiously left the enquiry does not mean that the enquiry ends there and then. The facts must still be heard and a decision be taken by a neutral and objective chairperson.

For any further Labour Law related queries, please contact Bernard on:
W. Tel: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 3959
Email: bernard@capelabour.co.za