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Criminal charges laid by employer? An employer can still take disciplinary action!

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Criminal charges laid by employer? An employer can still take disciplinary action!

The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer subjecting the employee to a disciplinary enquiry in the workplace in respect of the same charges.

24 Jul 2023 12:31 Minutes Podcast
Criminal charges laid by employer? An employer can still take disciplinary action!

Criminal charges laid by employer? An employer can still take disciplinary action!

Podcast

Criminal charges laid by employer? An employer can still take disciplinary action!

Podcast

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The Labour Court held that criminal charges laid by the employer against an employee can never stand in the way of that employer subjecting the employee to a disciplinary enquiry in the workplace in respect of the same charges. The two processes are distinct, with different standards of proof and the employee still has the choice in both processes as to which of his rights to exercise and which ones to waive. At the criminal trial he may choose to exercise his right to remain silent because he cannot be forced to testify during trial as he does not have to prove his innocence.

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