The Labour Relations Act, 66 of 1995
Requires employers to conduct a thorough investigation when allegations of misconduct arise, to determine whether grounds exist for disciplinary or corrective action.
Legal Framework
The Law Behind Every Investigation
Workplace investigations in South Africa are not a matter of internal preference. They are governed by law, from the moment an allegation is raised to the corrective action that follows.
Where This Framework Comes From
The Code of Good Practice
Works alongside the LRA to set out what a fair investigation and disciplinary process actually looks like in practice.
The Constitution Of The Republic Of South Africa, 108 of 1996
Section 23(1) of the Bill of Rights, in Chapter 2, guarantees everyone the right to fair labour practices. This is the constitutional foundation everything else in this framework rests on.
What This Means In Practice
Employee Rights
- The right to know the allegations against them
- A fair chance to respond before any decision is made
- The right to representation during the process
Employer Responsibilities
- Run a process that is fair and thorough
- Keep the process properly documented
- Take appropriate corrective action based on the outcome
Need Help Applying This Framework
Knowing the law is one thing. Running a process that holds up under it is another.