Point in limineCode of ConductDisciplinary hearingProcedural irregularityPrejudiceMining Industry
Tags
Point in limineCode of ConductDisciplinary proceedingsProcedural irregularity
legislation
Statutes Cited
Code of Conduct (Collective Bargaining Agreement: Mining Industry)
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether error in citing wrong subparagraph of Code of Conduct vitiates disciplinary proceedings","issue_type":"procedural","dispositive":"yes","related_facts":"Charge cited s 3(a)(i) but particulars alleged s 3(a)(ii), hearing officer found guilty under s 3(a)(ii)"}
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background
Facts of the Case
Background
The applicant was charged with misconduct under s 3(a)(i) of the Code of Conduct for failing to follow established procedures, but was found guilty under s 3(a)(ii). The disciplinary hearing officer found him guilty of failing to follow laid down procedures, which is an offence under s 3(a)(ii), not s 3(a)(i) as cited in the charge.
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