The disclosure of information in disciplinary enquiries

Abstract

A refusal by an employer to furnish an employee facing a disciplinary enquiry with certain information could result in an unnecessary delay in the disciplinary process. If the employer refuses an employee facing a disciplinary enquiry access to information, the employee possibly has various legislative grounds upon which to base his right to such information. The choice an employee is permitted to exercise will determine not only the forum where the case is heard, but also the remedies available should the employee be successful in his claim. The author discusses this problem by focusing on the legislation framework for the disclosure of information and investigates if the the provisions of the Labor Relations Act prelude the application of other legislation.