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GUIDELINES TO FOLLOW WHEN CONSIDERING THE …

GUIDELINES TO FOLLOW when CONSIDERING THE MERITS OF AN APPEAL IN A CASE OF MISCONDUCT 2001 TABLE OF CONTENTS 1. INTRODUCTION ..1 2. STEPS TO BE TAKEN BEFORE DELIBERATING ON THE MERITS OF AN 3. DELIBERATING ON THE MERITS OF AN APPEAL ..3 4. SUGGESTED FORMAT TO ASSIST THE APPEAL AUTHORITY TO TAKE A 5. REFERENCE TO LEGISLATION AND CASE LAW ..16 1. INTRODUCTION Appeals in cases of misconduct, have until 30 June 1999, been handled by the Public Service Commission in terms of section 26 of the Public Service Act, 1994.

1995 provides guidelines to be followed in determining whether a disciplinary case was dealt with in terms of a fair procedure, and whether the sanction imposed by the chairperson of the disciplinary hearing is substantively fair, and suits the contravention. Although the Code specifically refers to dismissal as a

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