Grootboom v National Prosecuting Authority and Another (CCT 08/13) [2013] ZACC 37; 2014 (2) SA 68 (CC); 2014 (1) BCLR 65 (CC); [2014] 1 BLLR 1 (CC); (2014) 35 ILJ 121 (CC) (21 October 2013)

Grootboom v National Prosecuting Authority and Another (CCT 08/13) [2013] ZACC 37; 2014 (2) SA 68 (CC); 2014 (1) BCLR 65 (CC); [2014] 1 BLLR 1 (CC); (2014) 35 ILJ 121 (CC) (21 October 2013)

The Constitutional Court held that the applicant, having been placed on precautionary suspension with explicit instructions not to attend the workplace or perform any duties, was absent from work with the employer's permission. Therefore, the essential requirement of section 17(5)(a)(i) of the Public Service Act—that the absence be without permission—was not met. The applicant's departure to the United Kingdom for study did not alter his status as a suspended employee, and there was no evidence that he was recalled to duty and failed to respond. The Labour Court and Labour Appeal Court erred in finding that the applicant had absented himself without permission. The deemed discharge...

Citation
[2013] ZACC 37
Parties
Applicant: Derrick Grootboom; Respondent: National Prosecuting Authority; Respondent: Minister of Justice and Constitutional Development
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
21 October 2013
Case Number
CCT 08/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Refusal of Special Leave by the Supreme Court of Appeal, Following Judgments in the Labour Court and Labour Appeal Court.
Outcome
Appeal upheld. Orders of the Labour Court and Labour Appeal Court set aside. Applicant declared not to have absented himself from official duties without permission and continues to be employed by the National Prosecuting Authority. Respondents' applications for condonation dismissed. Costs awarded to applicant for...
Judges
Bosielo AJ, Moseneke J, Froneman J, Jafta J, Khampepe J, Mhlantla AJ, Nkabinde J, Skweyiya J, Zondo J
Legal Topics
Public Service Act, Fair Labour Practices, Condonation, Administrative Action, Suspension of Employees, Review of Administrative Action
Constitutional Law Labour Law Civil Procedure Public Service Act Fair Labour Practices Condonation Administrative Action Suspension of Employees +1 more

Case Brief

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Parties

Derrick Grootboom

Applicant

National Prosecuting Authority

Respondent

Minister of Justice and Constitutional Development

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court After Refusal of Special Leave by the Supreme Court of Appeal, Following Judgments in the Labour Court and Labour Appeal Court.

Legal Issues

  1. 1 Whether the respondents' delay in filing opposing papers and written submissions should be condoned.
  2. 2 Whether leave to appeal should be granted.
  3. 3 Whether the jurisdictional requirements of section 17(5)(a)(i) of the Public Service Act were met.

Ratio Decidendi

The Constitutional Court held that the applicant, having been placed on precautionary suspension with explicit instructions not to attend the workplace or perform any duties, was absent from work with the employer's permission. Therefore, the essential requirement of section 17(5)(a)(i) of the Public Service Act—that the absence be without permission—was not met. The applicant's departure to the United Kingdom for study did not alter his status as a suspended employee, and there was no evidence that he was recalled to duty and failed to respond. The Labour Court and Labour Appeal Court erred in finding that the applicant had absented himself without permission. The deemed discharge...

Court Disposition

Appeal upheld. Orders of the Labour Court and Labour Appeal Court set aside. Applicant declared not to have absented himself from official duties without permission and continues to be employed by the National Prosecuting Authority. Respondents' applications for condonation dismissed. Costs awarded to applicant for...

Orders

  • The respondents' applications for condonation are dismissed.
  • Leave to appeal is granted.