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JUDITH GRIESSEL

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Formal disciplinary hearings - Why?

Nov 13, 2019

 Why do organisations still conduct formal disciplinary hearings? It is not a statutory requirement, yet it is still generally regarded as a necessity by employers and employees alike. Well, it depends on whom you ask....

 

Introduction

An article written by esteemed colleague Johann Scheepers ("The Deformalisation of Disciplinary Proceedings - Demise Of The Criminal Justice Model”) recently came up on LinkedIn again and provides an informative analysis of the historical development of disciplinary procedures in South African Labour Law. (I will be referring to extracts from this article as a basis for my discussion below, with thanks.)

Whilst formal disciplinary hearings had been insisted upon by the old Industrial Court in order to demonstrate procedural fairness under the 1956 Labour Relations Act, it is fairly clear at this point that the current Labour Relations Act (“LRA”) does not require such stringent procedures. Many legal voices, including the...

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