"Life Is Full Of Hard Choices"

The right not to give self-incriminatory evidence during disciplinary proceedings in the workplace.

There are various forms of serious misconduct committed by employees in the workplace which also constitute criminal offences. Fraud, theft and assault are common examples. Where employees commit such misconduct, this may result in disciplinary and criminal proceedings being instituted against the employee by the employer and the State, respectively. But can the employee in such a situation invoke their right not to give self-incriminatory evidence to ensure that the disciplinary hearing is postponed pending the completion of the criminal proceedings? This was the question the Labour Court was recently required to answer in the case of Ramthlakgwe v Modimolle-Mookgopong Local Municipality and Another (2023) 44 ILJ 2297 (LC).