After the employee was dismissed without a hearing on the basis of allegations of fraud, insubordination and signing contracts without authority, he was reinstated in terms of a settlement agreement. The employer then convened a hearing, and the employee was dismissed again. He claimed that the second hearing infringed the double jeopardy rule, and that the procedure preceding his final dismissal was unfair.
The commissioner held that the reinstatement of an employee does not deprive the employer of its right to hold an enquiry and determine whether an employee was guilty of misconduct even though…