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The Law Desk - Interdicting Your Employer From Continuing A Disciplinary Process

The Law Desk - Interdicting Your Employer From Continuing A Disciplinary Process

Author: Fawzia Khan
Date: 2024-03-02

InterdictingYour Employer From Continuing A Disciplinary Process

M, who was employed as the Chief FinancialOfficer brought an urgent application in the Labour Court on 4 January 2024 to interdict her employer from continuing with the disciplinary process which started in December 2023.

She asked that the Company comply with the provisions of its Disciplinary Policy which was incorporated into her contract of employment. The facts briefly was : On 6 October 2023, M tendered her 3 months' notice of resignation. She did not go to work from 4 December 2023 until 27 December 2023, due to ill-health.

When she returned to work, she was given a disciplinary letter setting out allegations of misconduct. She was asked to provide her written response to the allegations by 2 January 2024 on why she should not be found guilty and dismissed.

The allegations of misconduct related to her conduct prior her employment with the Company. M denied the allegations and said that the disciplinary process was unfair, unlawful and in breach of her contract of employment and requested extension to submit her written submission in the event the Company failed to respond timeously to her letter.

She was given until 4 January 2024 for herto provide her written representations. M then approached the Labour Court on an urgent basis and asked for an order that the Company complies with its disciplinary policy.

The Company then issued a notice of summary dismissal to M. At the time the matter came before court M was no longer an employee of the Company. The Company used this as a ground to oppose the application.

The court accepted the argument that the application was now moot and academic as the relief M sought was now longer competent. Whilst the Court was critical of the Company, saying the Company waited for two months before charging the employee with misconduct, it dismissed the application but did not grant a costs order in favour of theCompany.

Know your rights! The Law Desk of Fawzia Khan and Associates. Giving YOU the Power of Attorney. Emailfawzia@thelawdesk.co.za or call 0315025670 for legal assistance at competitive rates.