PSA obo Smit v Mphaphuli NO and Others (C742/11) [2014] ZALCCT 19; (2014) 35 ILJ 2254 (LC) (16 April 2014)

PSA obo Smit v Mphaphuli NO and Others (C742/11) [2014] ZALCCT 19; (2014) 35 ILJ 2254 (LC) (16 April 2014)

The court found that the arbitrator's award was reasonable and not reviewable, as the evidence showed the applicant was absent without permission for more than a calendar month, satisfying the jurisdictional prerequisites for termination by operation of law under section 17 of the Public Service Act. The arbitrator properly considered the evidence and followed the required process. However, the MEC's refusal to reinstate the applicant was set aside because no reasons were provided for the decision, rendering it irrational and unreasonable under principles of administrative justice. The matter was remitted to the MEC for reconsideration, with a directive to provide full reasons for any...

Citation
[2014] ZALCCT 19
Parties
Applicant: PSA obo Smit; Respondent: Joseph Mphaphuli N.O.; Respondent: PHSDSBC; Respondent: Department of Health, Western Cape; Respondent: MEC for Health, Western Cape
Court
Labour Court Cape Town
Jurisdiction
South Africa
Judgment Date
16 April 2014
Case Number
C742/11
Procedural Posture
Review Application / Judgment
Outcome
The review of the arbitration award is dismissed; the review of the MEC's decision is upheld and remitted for reconsideration.
Judges
Steenkamp
Legal Topics
Public Service Act Dismissal, Operation of Law Termination, Review of Arbitration Award, Reinstatement by Mec, Promotion of Administrative Justice Act
Labour Law Administrative Law Public Service Act Dismissal Operation of Law Termination Review of Arbitration Award Reinstatement by Mec Promotion of Administrative Justice Act

Case Brief

Summary, issues, holding and outcome

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Parties

PSA obo Smit

Applicant

Joseph Mphaphuli N.O.

Respondent

PHSDSBC

Respondent

Department of Health, Western Cape

Respondent

MEC for Health, Western Cape

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant's employment was terminated by operation of law under section 17 of the Public Service Act or constituted a dismissal.
  2. 2 Whether the arbitrator's award was reviewable under section 145 of the Labour Relations Act.
  3. 3 Whether the MEC's refusal to reinstate the applicant was reasonable and rational under section 158(1)(h) of the Labour Relations Act.

Ratio Decidendi

The court found that the arbitrator's award was reasonable and not reviewable, as the evidence showed the applicant was absent without permission for more than a calendar month, satisfying the jurisdictional prerequisites for termination by operation of law under section 17 of the Public Service Act. The arbitrator properly considered the evidence and followed the required process. However, the MEC's refusal to reinstate the applicant was set aside because no reasons were provided for the decision, rendering it irrational and unreasonable under principles of administrative justice. The matter was remitted to the MEC for reconsideration, with a directive to provide full reasons for any...

Court Disposition

The review of the arbitration award is dismissed; the review of the MEC's decision is upheld and remitted for reconsideration.

Orders

  • The application for review of the first respondent's award in terms of section 145 of the LRA is dismissed.
  • The decision of the fourth respondent (MEC for Health, Western Cape) is reviewed and set aside in terms of section 158(1)(h) of the LRA.