Background:
On disciplinary proceedings, in the case, the Claimant challenged the disciplinary process leading to his termination, arguing that he was given insufficient time to respond to the notice to show cause and to prepare for both the disciplinary hearing and the appeal.
Analysis:
The court observed that the Claimant was given only one weekday and a weekend to respond to a notice outlining seven serious allegations.
Given the complexity of the allegations, which required reviewing email communications and other records, the court found this timeframe unfair. Similarly, the 48-hour window for lodging an appeal against the dismissal was deemed unreasonable.
Court's Ruling:
The court held that an employer must allow a dismissed employee sufficient time to prepare and file an appeal, as this process requires a thorough review of key documents, including the notice to show cause, minutes of the hearing, and the termination letter.
A 48-hour timeframe was deemed patently inadequate and unfair.
#KEL
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