n Lesotho Law Journal - Double Jeopardy at the workplace : unnecessary duplication of judicial processes in Lesotho Labour Law - research

Volume 26 Number 2
  • ISSN : 0255-6472


Application of disciplinary rules may result in various forms of punishment where the employee is found guilty of misconduct. Where the employee is not found guilty of a misconduct, and where even if found guilty a lesser punishment than dismissal is granted, a natural consequence would be retention of the employment by the employee. The issue is always whether dismissals are fair (or indeed unfair) on the basis of substantive principles, or on the basis of procedural principles of labour law. One of the direct consequences of unfairness is double jeopardy1 in the context of labour law the doctrine of double jeopardy has been applied to determine if the employee is "doubly" prejudiced by the punishment following him being subjected to disciplinary action. This paper establishes that double jeopardy can occur at workplaces under the sanction of the very rules of discipline intended to safeguard employees against unfair labour practices. The National University of Lesotho is used as a case study to make this point. South African labour law is used as a comparator, to make a point that the entire system of labour law needs to be revised in order to avoid double jeopardy occurring in discipline of employees.

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