An employee is usually entitled to representation in a disciplinary hearing.
The question arises whether this representation includes legal representation
or whether it is limited to representation by union representatives or a fellow
employee? An employee's right to legal representation will in most cases be
determined by a collective agreement, the employment contract or a
disciplinary code.
Over the years the Courts have indicated that they are not prepared to grant
an absolute right to legal representation in disciplinary enquiries. Yet in some
cases the courts found legal representation to be a sine qua non for a fair
hearing and an intrinsic part of natural justice. It seems that the conclusion
that can be drawn from this research is that legal representation might soon
become a requirement for a fair disciplinary hearing in serious and complex
matters.
This research looks at numerous decisions both in die public and private
sector before and after 1994. The right to legal representation is also
discussed in the light of a fair hearing. The various advantages and
disadvantages of legal representation are briefly examined. It is argued that
all employees should be granted legal representation in complex and serious
matters where the employee is likely to be dismissed. It is thus said that all
presiding officers should be granted a discretion to allow legal representation
in serious and complex matters. / Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/1159 |
| Date | January 2005 |
| Creators | Appelgryn, Lezanne |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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