Criminal charges laid by employer? An employer can still take disciplinary action!
Criminal charges laid by employer? An employer can still take disciplinary action!
Podcast
Criminal charges laid by employer? An employer can still take disciplinary action!
Podcast
The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer subjecting the employee to a disciplinary enquiry in the workplace in respect of the same charges. The two processes are distinct, with different standards of proof and the employee still has the choice in both processes as to which of his rights to exercise and which ones to waive. At the criminal trial he may choose to exercise his right to remain silent because he cannot be forced to testify during trial as he does not have to prove his innocence.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.
Subscribe
We support our clients’ strategic and operational needs by offering innovative, integrated and high quality thought leadership. To stay up to date on the latest legal developments that may potentially impact your business, subscribe to our alerts, seminar and webinar invitations.
Subscribe
