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Competent Verdicts in Disciplinary Enquiries: When "Getting the Charge Wrong" Doesn't Mean Getting It Wrong
South African labour law recognises competent verdicts in disciplinary enquiries, where an employee may be found guilty of misconduct not precisely reflected in the charge sheet. The decisive test is prejudice: whether the employee understood the factual conduct, had a fair opportunity to defend themselves, and would not have defended differently. This article unpacks leading cases and offers practical guidance for HR and chairpersons on substance over form.

Anndine Dippenaar
2 days ago3 min read
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