n Without Prejudice - Disciplinary enquiries? : labour law
|Article Title||Disciplinary enquiries? : labour law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Verushka Reddy and Sarah-Faye Johnson|
|Publication Date||Nov 2008|
|Pages||39 - 40|
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 Booysen v South African Police Service and Minister of Safety & Security (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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