Bargaining for evidence of group misconduct – the use of the plea agreement in employment law

In today’s employment environment, it is a reality that wrong-doers have become increasingly resourceful and sophisticated in hiding their misconduct from the employer. Utilising a plea agreement to obtain evidence of wrongdoing may come as an essential tool in the hands of the employer in order to penetrate the guise of secrecy in cases of group misconduct. Guidelines for its application were dealt with in MEC: Department of Health v PHSDSBC and others (Case no. PR63/14).