I work for a private company and have been summoned to appear in a disciplinary hearing to answer accusation of gross negligence. Am I entitled to engage and appear before the committee with my advocate?
Under paragraph 4(4)(5) of the Disciplinary Procedure prescribed under the Employment and Labour Relations (Code of Good Practice) Rules, 2007, the employee accused of a disciplinary offence has the right to appear before the disciplinary hearing committee with a co-worker or a trade union representative if he or she is a union member. The law does not give the right to appear before a disciplinary inquiry committee with an advocate. However, the disciplinary inquiry committee may allow an employee to be represented by an advocate but the employee cannot demand, as a right, to be represented by an advocate.