Monday, August 30, 2010

Audi Alteram Partem

Audi alteram partem means that the employee has the right to defend himself/herself by stating his/her defense. The accused employee will also have the right to adequate notice of the proceedings, right to information, the right to call witnesses, the right to a translator, and above all: the right to a procedurally and substantively fair hearing. The employee also has the right to appeal a finding, or to take the matter to the CCMA or the Labor Court.

Audi alteram partem is a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard.

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