n Without Prejudice - Disciplinary enquiries? : labour law




An employee wanting to interdict the employer from commencing or continuing with a disciplinary enquiry, may find that the Labour Court will not entertain an application for want of jurisdiction. The recent Labour Court judgement in (unreported judgement, case number C60/08, February 14 2008) held that the Labour Court does not have jurisdiction to intervene in disciplinary proceedings. This judgement runs contrary to previous decisions of the Court, and could well place aggrieved employees in a predicament.


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