Maidi v M.E.C. For Department of Education (J5675/00) [2002] ZALC 53; (2003) 24 ILJ 1552 (LC) (10 June 2002)

Maidi v M.E.C. For Department of Education (J5675/00) [2002] ZALC 53; (2003) 24 ILJ 1552 (LC) (10 June 2002)

The applicant failed to prove that he submitted a valid application for study leave in January 1994. The evidence of the respondents was found to be more credible and corroborated by documentation. The applicant's absence from duty exceeded 14 days and was not authorised by the Director-General. In terms of section 11(2)(a) of the Lebowa Education Act, the applicant's services were terminated by operation of law. The applicant's reliance on correspondence and financial assistance agreements did not establish a right to continued employment. The application for review was therefore dismissed, and costs were awarded against the applicant.

Citation
[2002] ZALC 53
Parties
Applicant: Peter Charles Maidi; Respondent: M E C for Department of Education
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
10 June 2002
Case Number
J5675/00
Procedural Posture
Review Application / Oral Evidence on Limited Issue; Final Judgment
Outcome
Application for review dismissed; costs awarded against the applicant.
Judges
Pillay
Legal Topics
Desertion of Post, Statutory Deeming Provision, Termination by Operation of Law, Leave of Absence, Onus of Proof
Labour Law Desertion of Post Statutory Deeming Provision Termination by Operation of Law Leave of Absence Onus of Proof

Case Brief

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Parties

Peter Charles Maidi

Applicant

M E C for Department of Education

Respondent

Procedural Posture

Review Application / Oral Evidence on Limited Issue; Final Judgment

Legal Issues

  1. 1 Whether the applicant deserted his post in 1994.
  2. 2 Whether the applicant's absence from duty was authorised.
  3. 3 Whether the applicant's services were terminated by operation of law under section 11(2)(a) of the Lebowa Education Act.

Ratio Decidendi

The applicant failed to prove that he submitted a valid application for study leave in January 1994. The evidence of the respondents was found to be more credible and corroborated by documentation. The applicant's absence from duty exceeded 14 days and was not authorised by the Director-General. In terms of section 11(2)(a) of the Lebowa Education Act, the applicant's services were terminated by operation of law. The applicant's reliance on correspondence and financial assistance agreements did not establish a right to continued employment. The application for review was therefore dismissed, and costs were awarded against the applicant.

Court Disposition

Application for review dismissed; costs awarded against the applicant.

Orders

  • The application for review is dismissed.
  • The applicant is ordered to pay the costs.