Minister of Public Service and Administration and Another v Kaylor (CA18/12) [2013] ZALAC 11; [2013] 9 BLLR 858 (LAC); (2013) 34 ILJ 3111 (LAC) (11 June 2013)

Minister of Public Service and Administration and Another v Kaylor (CA18/12) [2013] ZALAC 11; [2013] 9 BLLR 858 (LAC); (2013) 34 ILJ 3111 (LAC) (11 June 2013)

The Labour Appeal Court held that the employer acted unlawfully by placing the respondent in a new post without meaningful consultation, violating procedural fairness and the requirements of the Labour Relations Act. The second appellant lacked proper written delegation from the Minister to create the new post,...

Source-derived case information.

Citation
[2013] ZALAC 11
Parties
Appellant: The Minister for Public Service and Administration; Appellant: The Director-General of PALAMA NO; Respondent: Gayle Sheryl Kaylor
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
11 June 2013
Case Number
CA18/12
Procedural Posture
Civil Appeal / Appeal From Labour Court Judgment
Outcome
Appeal dismissed with costs. Labour Court order set aside and substituted.
Judges
Tlaletsi, Davis, Coppin
Legal Topics
Unilateral Change of Employment Terms, Consultation Requirements, Delegation of Powers, Public Service Act, Procedural Fairness
Labour Law Administrative Law Unilateral Change of Employment Terms Consultation Requirements Delegation of Powers Public Service Act Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

The Minister for Public Service and Administration

Appellant

The Director-General of PALAMA NO

Appellant

Gayle Sheryl Kaylor

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court Judgment

Legal Issues

  1. 1 Whether the employer could lawfully place the employee in a new post without meaningful consultation.
  2. 2 Whether the creation of the new post was valid in terms of the Public Service Act and proper delegation.

Ratio Decidendi

The Labour Appeal Court held that the employer acted unlawfully by placing the respondent in a new post without meaningful consultation, violating procedural fairness and the requirements of the Labour Relations Act. The second appellant lacked proper written delegation from the Minister to create the new post, rendering the appointment invalid under the Public Service Act. The consultation process was inadequate, as it occurred only after the restructuring and did not address the respondent's ability to function in the new post or its location. The court found that the Labour Court was correct to review and set aside the placement directive, but modified the relief to require meaningful...

Court Disposition

Appeal dismissed with costs. Labour Court order set aside and substituted.

Orders

  • The appeal is dismissed with costs.
  • The order of the Labour Court is set aside and replaced.