An interesting and innovative application was made by Mr Olivier who tried to interdict (stop) MTN Management Services from going ahead with a Disciplinary Hearing. Olivier said that the matter was urgent and asked the Labour Court to stop the hearing because of various circumstances. The Labour Court looked into the problem and said that the circumstances were not special or the applicant could not show that he had suffered any injustices yet and therefore the Labour Court said he had not made out a case for this interim relief. The hearing went ahead.
Disciplinary Hearings have become more and more complicated and management are reminded that if an employee requests outside legal representation at the disciplinary hearing, this must be carefully considered at the hearing before a decision is made, either to allow or disallow the legal representation. Furthermore, a request for further particulars to the letters to attend the Disciplinary Hearing must be carefully taken into account and answered if possible. Any refusal by management to supply the requested particulars, should be debated at the disciplinary hearing before the Chairperson so that the Chairperson can make a reasoned decision as to whether the particulars are required to continue with the disciplinary hearing. If the particulars are required, then the Chairperson should postpone the disciplinary hearing to allow the employee time to consider the documents and particulars that have already been requested.
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