oa De Rebus - Double jeopardy in the workplace : employment law
|Article Title||Double jeopardy in the workplace : employment law|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Glencore Wonderkop Smelter|
|Publication Date||Nov 2015|
|Pages||47 - 48|
The employee in this matter received a final written warning for misconduct relating to the breaching of safety regulations on the employer's Wonderkop Ferrochrome Smelter. Not satisfied with the outcome, the employer instituted a second inquiry hearing against the employee and dismissed the employee. The employer held the second inquiry hearing because the employee was already on a final written warning for a similar misconduct at the time of the initial disciplinary inquiry. The employer was of the view that the chairperson of the initial disciplinary inquiry erred by not taking the existing final written warning into account.
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