WebDec 12, 2024 · This ,however, does not mean that the company and or chairperson can automatically deny the employee the opportunity to be represented by such external representative .As can be seen in the case of MEC: Department of Finance Economic Affairs and tourism: Northern Province v Mahumani [2005] 2 BLLR 173 (SCA) where the … WebSep 25, 2024 · THE RIGHT TO LEGAL REPRESENTATION WHEN APPEARING BEFORE A DISCIPLINARY ENQUIRY Hamata v Chairperson, Peninsula Technikon Internal …
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WebOct 23, 2024 · The Supreme Court of Appeal followed Hamata in the matter of MEC: Department of Finance, Economic Affairs & Tourism, Northern … WebNov 23, 2011 · The criterion, he submitted, is based on the following factors enunciated in the case of Hamata v Chairperson, Peninsula Technikon IDC 2002 (5) SA 449 (SCA) - Nature of the charges against the applicant; The degree of factual or legal complexity; The potential seriousness of the consequences of an adverse outward from the ashes
Legal representation in internal disciplinary hearings
WebThis discretion should exercised properly, as held in Hamata v Chairperson, Peninsula Technikon Internal Disciplinary Committee 2002 5 SA 449 (SCA). The submission is that this discretion cannot be excluded either by means of contract or statute, should the Act apply. The definition of administrative action in the Act does not include ... Webrepresentation by staff and students of that university only. See Hamata v Chairperson Peninsula Technikon Internal Disciplinary Committee 2002 5 SA 449 (SCA) para 11, where Marais JA went as far as even as to state that "there is no constitutional imperative regarding legal representation WebMr. Hamata after failing to secure his reinstatement by way of the High Court approached the Supreme Court of Appeal. He raised the point that the chairman of the inquiry has … outward game arrows