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Validity

Completion requirements
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There must be a valid reason for discipline. This implies that the employer must have sufficient proof that the accused committed the alleged misconduct. The onus rests on the employer to prove the employee’s guilt.

The employer is, however, not expected to prove the employee’s guilt beyond reasonable doubt. It suffices for the employer to have reason to believe that the offence was committed on the balance of probabilities.

Validity of action implies that the employer’s action must at all times be lawful and that the employee did not act due to pressure, coercion or intimidation.