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SERVE THE DISCIPLINARY CHARGES PROMPTLY

SERVE THE DISCIPLINARY CHARGES PROMPTLY

And don’t bypass your own disciplinary policies

Sooner or later the labour law catches up with employers who fail to follow proper disciplinary procedure and to provide good reason for dismissals. This is because section 188 of the Labour Relations Act (LRA) gives the employer the onus of proving that it has been procedurally and substantively fair in dismissing employees. The Labour Courts are most intolerant of employers who do not follow their own disciplinary policies and who cannot justify their dismissal decisions based on the facts of the case at hand.

No Labour Court decision illustrates these points better than the one delivered in Riekert vs CCMA and others (2006, 4 BLLR 353). In that case Riekert was fired for having gained access to confidential information without authorisation and for undermining the good relations of company management. He took the employer to the CCMA but the arbitrator upheld his dismissal.

He therefore took the arbitrator on review to the Labour Court where the judge made the following findings:

This case is of great importance as it provides employers with a number of extremely valuable lessons including that they should not: