Labour lawDisciplinary proceduresEmployment codes of conduct
Keywords
Model codeInternal codeSuperseded codeSenior managersDisciplinary authority
Tags
Disciplinary hearingCode of conductSenior managersModel code
legislation
Statutes Cited
Labour Act
Labour Act
Criminal Law (Codification and Reform) Act
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the court a quo erred in finding that the appellant should have used its internal code instead of the Model Code","issue_type":"law","dispositive":"yes","related_facts":"Internal code not approved by NEC, NEC code didn't cover respondents' grades, internal code silent on senior manager discipline"}
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background
Facts of the Case
Background
Three senior managers were dismissed using the Model Code after being acquitted of criminal charges. The Labour Court set aside their dismissal, ruling that the employer should have used its internal code. The employer appealed, arguing the internal code was superseded and inapplicable to senior managers who constituted the disciplinary authority.
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