3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
3.3_Case update by Benita Whitcher.pdf
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Deviation from disciplinary codes<br />
Dell ll v Seton ( (Pty) ) Ltd d [ [2009] ] 2 BLLR 122 ( (LC) )<br />
– Right to appeal in ER’s ER s disciplinary code but EE denied such.<br />
– Commissioner found EE’s dismissal not procedurally unfair.<br />
– RC noted that in disputes under the LRA, the LAC had held that a departure<br />
<strong>by</strong> an ER from its disciplinary code will render a dismissal unfair only where<br />
the procedure actually followed was unfair [Highveld District Council [2002]<br />
12 BLLR 1158 (LAC); Leonard Dingler [1999] 5 BLLR 431 (LAC)].<br />
– The commissioner could not have misdirected himself <strong>by</strong> following that<br />
approach and finding that the EE had suffered no prejudice from being<br />
denied an appeal.
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