Mayoba v Department of Justice And Constitutional Development (J2229/2013) [2016] ZALCJHB 346 (8 September 2016)

Mayoba v Department of Justice And Constitutional Development (J2229/2013) [2016] ZALCJHB 346 (8 September 2016)

The respondent failed to exercise its discretion under section 17(3)(b) of the Public Service Act in a fair and reasonable manner when refusing to reinstate the applicant. The respondent did not provide any reasons for its decision, which is a legal requirement when rights or interests are affected. There was no evidence that the applicant's conduct rendered the employment relationship intolerable, nor was there any policy requiring disclosure of her casual employment at Pick n Pay. The respondent's reliance on the Pick n Pay employment was an afterthought and not supported by disciplinary action or evidence. The delay in instituting review proceedings was not unreasonable, as the...

Citation
[2016] ZALCJHB 346
Parties
Applicant: Phumzile Given Mayoba; Respondent: Department of Justice and Constitutional Development
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 September 2016
Case Number
J2229/2013
Procedural Posture
Review Application / Judgment on Review of Administrative Decision
Outcome
Application for review upheld; respondent's decision set aside; applicant reinstated.
Judges
Molahlehi
Legal Topics
Public Service Act, Unfair Dismissal, Reinstatement, Exercise of Discretion, Procedural Fairness
Administrative Law Labour Law Public Service Act Unfair Dismissal Reinstatement Exercise of Discretion Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Phumzile Given Mayoba

Applicant

Department of Justice and Constitutional Development

Respondent

Procedural Posture

Review Application / Judgment on Review of Administrative Decision

Legal Issues

  1. 1 Whether the respondent exercised its discretion fairly and reasonably in refusing to reinstate the applicant under section 17(3)(b) of the Public Service Act.
  2. 2 Whether the applicant showed good cause for her absence from duty.
  3. 3 Whether the respondent's failure to provide reasons for refusal rendered the decision reviewable.

Ratio Decidendi

The respondent failed to exercise its discretion under section 17(3)(b) of the Public Service Act in a fair and reasonable manner when refusing to reinstate the applicant. The respondent did not provide any reasons for its decision, which is a legal requirement when rights or interests are affected. There was no evidence that the applicant's conduct rendered the employment relationship intolerable, nor was there any policy requiring disclosure of her casual employment at Pick n Pay. The respondent's reliance on the Pick n Pay employment was an afterthought and not supported by disciplinary action or evidence. The delay in instituting review proceedings was not unreasonable, as the...

Court Disposition

Application for review upheld; respondent's decision set aside; applicant reinstated.

Orders

  • The decision of the respondent of 13 April 2013 is reviewed and set aside.
  • The respondent is ordered to reinstate the employee, Ms Mayaba, to her former post retrospectively to 15 September 2015, on the same terms and conditions of employment as previously pertained, without the loss of any remuneration or benefits.