The double jeopardy rule means that an employee cannot be subjected to a second disciplinary enquiry after he has been acquitted after the first enquiry. But this rule is not absolute – fairness may justify the employer’s holding a second enquiry and indeed then finding the employee guilty and dismissing the employee. But whether a second enquiry would be fair depends on the circumstances.
For further information on any labour related matters, you can contact
W.Tel no.: 021 423 3959
Fax: 021 423 2105
Cell: 082 433 8714