In a recent Labour Court case, Sol Plaatje Municipality V South African Local Government Bargaining Council and others (2021) 30 LAC 1.11.52, the Labour Court pointed out that charges in disciplinary proceedings need not be drafted to the precision of that in criminal matters.
This case, therefore, makes it clear that a strict or unduly technical approach by Commissioners towards charges in a disciplinary hearing can be challenged.
The Labour Court further points out that if the main charge is misconduct and is not proved, an attempt to commit the misconduct framed in that charge suffices.
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