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Contemporary Labour Law - workplace.co.za

Contemporary Labour Law Vol 15 No 10 May 2006. The disciplinary sanction When is dismissal appropriate? by PAK le Roux & Carl Mischke E. veryone chairing a disciplinary issue of consistency, it is worth focusing hearing has to perform a balancing some attention on an aspect of the act balancing a proven disciplinary process that is often neglected disciplinary offence on the one hand and the or, at the very least, overshadowed by the appropriate disciplinary sanction on the other complexities entailed in proving the hand. Deciding between dismissal and some commission of the disciplinary offence. other sanction is not always easy. The There is often a sense that the offence question essentially boils down to determining speaks for itself that once it is proven, whether corrective disciplinary measures, dismissal is inevitable, that dismissal is the such as a final written warning, would be only sanction that could possibly be appropriate or whether dismissal for appropriate.

Page 92 Contemporary Labour Law Vol 15 No 10 May 2006 discipline and dismissal for misconduct.

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