Description
Delay in taking disciplinary action – disciplinary action taken after three years – investigation report – opportunity to prepare defence – right to be heard.
- Delay in taking disciplinary action by the employer.
- Decision to institute a disciplinary inquiry must be taken as soon as possible after the offence has been committed. Waiting for three years is a long time.
- Disciplinary action against employee has no basis unless there were good reason for the employer’s failure to institute disciplinary proceedings in time.
- Investigation report not produced in the disciplinary proceedings and not given to the employee in time to avail him an opportunity to prepare his defence – the employee was denied to a right to be heard.
