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The applicant was charged of acts of misconduct at the workplace. The procedure for the hearing was that there would be a hearing committee and a prosecutor/presenter of the case. At the hearing the prosecutor (who is late) entered into a plea bargain with the applicant’s counsel. Unfortunately the plea bargain was not disclosed to the hearing committee as such. The applicant was heard and he apparently pleaded guilty and was convicted. However the penalty did not follow the plea bargain. The Applicant appealed to the Appeals Committee but did not raise the review issues. It is noted that Codes... More

1 This is an application for review of the proceedings of the disciplinary authority. Those proceedings were subject of an internal appeal which appeal upheld the proceedings. More

At the conclusion of the oral submissions, this court dismissed the appeal stating that the reasons would follow. The following are the reasons. More

The appellant in this case was employed in a supervisory capacity by the respondent. More

Applicant was in the employ of the Respondent as a baker. During the course of this employment he was charged with misconduct. As can be gleaned from the ‘Charge Sheet’, Applicant was charged with ‘Absenteeism’ in terms of Group IV Offences, Section 1 of the Code of Conduct ‘Absence from work for seven (7) or more working days without reasonable excuse’. It was alleged that he had not reported for duty during the period extending from 10 October 2019 to 20 October 2019. A letter suspending the Applicant from duty without salary and benefits was issued by Respondent on 21... More