Gauteng Webinar | Consistently Inconsistent? An Examination of the Case Law on Consistency | Adv Chris Orr SC

Reading through the judgements of the Labour and Labour Appeal Court on the question of consistency in the disciplinary process can give rise to the impression that the Courts approach to the issue is anything but consistent. The range of approaches appear to stretch from inconsistency only being relevant insofar as it is an indication of bias or malice, to judgements where the issue of inconsistent disciplinary treatment alone renders a dismissal unfair. This talk will attempt to reconcile these apparently differing approaches and endeavour to extract the basic principles applicable.