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Human Rights
Section 36 of the Constitution gives you the right to a fair hearing within a reasonable time. It applies in court, and the same ideas of fairness apply in tribunals and workplace disciplinary meetings too.
Situation: You are facing a charge, a claim or a disciplinary process
Stated generally. The exact position always depends on the facts.
What you should do
What you should not do
“Fair hearing only applies in criminal courts.”
Section 36 also covers non-criminal cases, and the same ideas of fairness apply to tribunals and workplace processes.
“A fair hearing means the outcome must go your way.”
It is about a fair process: being told the case against you, getting a chance to answer, and a decision-maker who does not take sides.
When to speak to a lawyer