n Without Prejudice - Sanctions in disciplinary proceedings : employment law

Volume 16, Issue 5
  • ISSN : 1681-178X



May an employer substitute the outcome of a disciplinary hearing if it believes that the chairperson's sanction was too lenient (or harsh)? This question is often raised by employers, especially in circumstances where they are of the view that the employee committed serious misconduct that warrants dismissal, but the chairperson imposed a more lenient sanction. In (2016) 37 ILJ 655 (LAC), the Labour Appeal Court (the LAC) dealt with this question and described it as an issue that goes to the heart of a fair system of employee discipline in our labour law jurisprudence.

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