Labour Law Thursday: Disciplinary action in the public sector


Labour Law Thursday - May an employer within the public sector review a disciplinary decision taken by a chairperson?


The answer is YES.

In terms of section 158 (1) (h) of the Labour Relations Act, the Labour Court has the power to “review any decision taken or any act performed by the state in its capacity as employer, on such grounds as are permissible in law”.

The courts have however interpreted this section as not allowing for an aggrieved employee from approaching the labour court directly without first conciliating and arbitrating the dispute. 

Unfortunately this section does not allow for the review by a private sector employer of an outcome of a disciplinary enquiry and as such it is essential that the chairperson is adequately trained in conducting enquiries.

Contract Tracey Mouton for advice and assistance concerning training of chairpersons and the conducting of disciplinary enquiries. Tel. 041 5019800.