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Don’t miss your disciplinary hearing

Employers are not entitled to dismiss the employee without a hearing.

On the other hand, the law does not countenance the ploy used by employees where they absent themselves from hearings in order to avoid being disciplined or dismissed. If the employee claims to be unable to attend the hearing he/she is obliged to provide convincing proof of this.

For example, in the case of Old Mutual Life Assurance Co. (Pty) Ltd vs Gumbi (2007, 8 BLLR 699) the employer dismissed the employee for misconduct. He took the employer to the High Court which found that the employee had wilfully excluded himself from the disciplinary hearing and dismissed the case.

The Supreme Court of Appeal upheld this finding because:

Employers should not misinterpret this decision. The dismissal was found to be procedurally fair because the proof of the employee’s reason for his failure to attend the disciplinary hearing and the evidence therefor were found to be invalid. This does not mean that employers can now reject illness as a reason for an accused employee’s absence from a disciplinary hearing. It also does not mean that all medical certificates can now be branded as invalid.

What the Supreme Court of Appeal’s finding does mean is that:


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