In today's podcast JJ van der Walt and Taryn York discuss the fact that in South African labour law there is no place for formal disciplinary procedures that incorporate all the accoutrements 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. Procedural fairness recognises that expeditious resolution of disputes enjoins an acknowledgment that elaborate procedural requirements are inefficient and inappropriate.
They discuss the less formal way to conduct enquiries, with specific focus on written representations.
