If employees have been acquitted at a disciplinary inquiry, or if the presiding officer has imposed a penalty less severe than dismissal, they cannot generally be subjected to a second inquiry in respect of the same offence. An essential requirement of the double-jeopardy rule is that the charges against the employee in the second hearing are the same as they were in the first. This does not mean, however, that the employer can simply redraft the charges in different. The true test is whether the charges relate to the same cause of action (i.e. the same alleged misconduct).

For further information or any labour related matters, you can contact Bernard Reisner:
W.Tel no.: 021-423-3959
Cell: 082-433-8714
Fax: 021-4232105
E-mail: bernard@capelabour.co.za
Website: www.capelabour.co.za