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Dissiplinêre verhore : 'n reg op regsverteenwoordiging vir werknemers / deur Lezanne Appelgryn

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dc.contributor.author Appelgryn, Lezanne
dc.date.accessioned 2009-02-25T13:56:53Z
dc.date.available 2009-02-25T13:56:53Z
dc.date.issued 2005
dc.identifier.uri http://hdl.handle.net/10394/1159
dc.description Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2006.
dc.description.abstract An employee is usually entitled to representation in a disciplinary hearing. The question arises whether this representation includes legal representation or whether it is limited to representation by union representatives or a fellow employee? An employee's right to legal representation will in most cases be determined by a collective agreement, the employment contract or a disciplinary code. Over the years the Courts have indicated that they are not prepared to grant an absolute right to legal representation in disciplinary enquiries. Yet in some cases the courts found legal representation to be a sine qua non for a fair hearing and an intrinsic part of natural justice. It seems that the conclusion that can be drawn from this research is that legal representation might soon become a requirement for a fair disciplinary hearing in serious and complex matters. This research looks at numerous decisions both in die public and private sector before and after 1994. The right to legal representation is also discussed in the light of a fair hearing. The various advantages and disadvantages of legal representation are briefly examined. It is argued that all employees should be granted legal representation in complex and serious matters where the employee is likely to be dismissed. It is thus said that all presiding officers should be granted a discretion to allow legal representation in serious and complex matters.
dc.publisher North-West University
dc.subject Legal representation en
dc.subject Fair hearing en
dc.subject Disciplinary enquiries en
dc.subject No absolute right en
dc.subject Presiding officer has discretion en
dc.subject Serious and complex matters en
dc.title Dissiplinêre verhore : 'n reg op regsverteenwoordiging vir werknemers / deur Lezanne Appelgryn en
dc.type Thesis en
dc.description.thesistype Masters


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  • ETD@PUK [5159]
    This collection contains the original digitized versions of research conducted at the North-West University (Potchefstroom Campus)

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