Nullity of the decision imposing a disciplinary penalty as a result of failure to carry out or vitiation of the prior disciplinary investigation

Some procedural and substantive law aspects of invoking the invalidity of addenda to the employment contract

Abstract

There can be no work relationship without discipline and there can be no discipline without the disciplinary prerogative of the employer. It is of most importance that the disciplinary prerogative of the employer is enforced in legal parameters which reflect the social protection granted for the employee as the vulnerable part of the legal employment relationship. These legal parameters must be thoroughly regulated and enforced beginning with the prior disciplinary procedure during which the employee is most likely to be exposed to potential forms of abuse coming from the employer, given the fact that no third impartial parties can intervene on behalf of the employee or in order to secure his/her rights.

Keywords: prior disciplinary procedure, nullity, procedural injury, reasonable term, disciplinary sanction.