May an Employer Substitute a Sanction Imposed by the Chairperson for its Own? – SARS v CCMA

Abstract

The purpose of a disciplinary hearing is to make a finding as to whether or not the employee is guilty of contravening the relevant workplace rule, and if so found, to decide what sanction should be imposed. A problem arises where the employer is dissatisfied with the sanction imposed by the chairperson and wishes to substitute same with its own sanction in circumstances where the disciplinary code does not allow for such substitution. The general rule is that an employer in such circumstances may not unilaterally substitute the sanction of the chairperson for its own.

Keywords: disciplinary hearing, sanction, substitution of sanction