Boardrooms are not courtrooms! In today's podcast, Anli Bezuidenhout and Malesela Letwaba discuss the differences, advantages, disadvantages, and application of formal disciplinary procedures vis-a-vis informal disciplinary procedures.
South African labour law has in recent years seen a shift away from
formal disciplinary procedures that incorporate all the ccoutrements of a criminal trial, including the leading of witnesses, technical and complex 'charge-sheets', requests for particulars, the application of the rules of evidence and legal arguments, towards a more relaxed disciplinary process.
This has not been possible without the assistance of our courts who have endorsed an informal approach to internal disciplinary processes. The purpose and application of the foregoing are discussed.
