So.........let's examine the reasons for the two articles on legal representation at internal disciplinary hearings.
The level of stress an employee endure during a disciplinary hearing is usually extremely high. I know of lots of cases where admission of guilt was chosen by the employee just to escape the wrath of an intimidating chairperson and a lying initiator, " as some people put it".
As much as representation bring a certain amount of confidence, it also comes with a degree of arrogance. It is, in my humble opinion, a very emotional affair. To further legalize the environment with legal represenation might just defeat the objective. So i say, the simpler, the better. However, presiding officers should be able to distinguish between cases and should ideally allow for representation when necessary. Instead, employee's take drastic measures to appeal to the Labour Court to ensure that their rights are not infringed upon.
It's a crazy merry go round if you dont have your ducks in a row. Good luck to those who think they have it covered. But what about those who may not be able to make an appeal to the Labour Court???? Unless the employer intend on getting rid of the employee and is just following the process because it has to be done. Until there is a clear cut rule in the Act, we suffer the brunt of this unlawful certainty or lawful uncertainty.
Thursday, February 18, 2010
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