PSA obo Jafta v Vilikazi (C176/2020) [2021] ZALCCT 90; (2022) 43 ILJ 891 (LC) (23 November 2021)

PSA obo Jafta v Vilikazi (C176/2020) [2021] ZALCCT 90; (2022) 43 ILJ 891 (LC) (23 November 2021)

The Labour Court found that the respondent's decision to discharge the applicant was irrational and unlawful. The respondent failed to properly consider the applicant's representations and supporting evidence, particularly after materially changing the date of the alleged absence without requesting further submissions or addressing the new factual basis. The respondent's reliance on representations made in respect of a different period and the reservation of rights in the decision demonstrated a failure to meet the requirements of legality and rationality. The principle of legality, as established in constitutional and labour jurisprudence, requires that public power be exercised lawfully...

Citation
[2021] ZALCCT 90
Parties
Applicant: PSA obo Jane Jennifer Jafta; Respondent: Nontobeko Eveline Vilikazi in her capacity as Member of the Executive Council for Transport, Safety and Liaison (Northern Cape Province)
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
23 November 2021
Case Number
C176/2020
Procedural Posture
Legality Review / Judgment After Written Submissions
Outcome
Application granted; respondent's decision reviewed and set aside; applicant reinstated.
Judges
Rabkin-Naicker
Legal Topics
Deemed Dismissal, Principle of Legality, Rationality Review, Public Service Act, Reinstatement, Standing of Trade Union
Labour Law Administrative Law Deemed Dismissal Principle of Legality Rationality Review Public Service Act Reinstatement Standing of Trade Union

Case Brief

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Parties

PSA obo Jane Jennifer Jafta

Applicant

Nontobeko Eveline Vilikazi in her capacity as Member of the Executive Council for Transport, Safety and Liaison (Northern Cape Province)

Respondent

Procedural Posture

Legality Review / Judgment After Written Submissions

Legal Issues

  1. 1 Whether the respondent's decision to discharge the applicant in terms of section 17(3)(b) of the Public Service Act was lawful and rational.
  2. 2 Whether the change in the date of deemed dismissal had legal consequences for the applicant's case.
  3. 3 Whether the respondent properly considered the applicant's representations and supporting evidence.

Ratio Decidendi

The Labour Court found that the respondent's decision to discharge the applicant was irrational and unlawful. The respondent failed to properly consider the applicant's representations and supporting evidence, particularly after materially changing the date of the alleged absence without requesting further submissions or addressing the new factual basis. The respondent's reliance on representations made in respect of a different period and the reservation of rights in the decision demonstrated a failure to meet the requirements of legality and rationality. The principle of legality, as established in constitutional and labour jurisprudence, requires that public power be exercised lawfully...

Court Disposition

Application granted; respondent's decision reviewed and set aside; applicant reinstated.

Orders

  • The decision of the Respondent dated 16 October 2019 to discharge the Applicant in terms of section 17(3)(b) of the Public Service Act, Proclamation 103 of 1994 is reviewed and set aside.
  • The Applicant is reinstated into her employment in the Department: Transport, Safety and Liaison as from the date of her discharge.