While employees are entitled to postponements in a disciplinary hearing if they demonstrate good cause, there is a limit to how long an employee-driven delay can be justified. A recent decision of the Labour Court has raised the question of whether an employer may implement suspension without pay in the face of dilatory tactics occasioned by the employee.
The Labour Court weighs in on the application of the Prescription Act in disciplinary proceedings
On 16 April 2025, the Labour Court handed down judgment in Public Investment Corporation v More. The judgment concerned the application of the Prescription Act to disciplinary proceedings, and whether misconduct disciplinary charges prescribe.