Sekwati v Masiye and Others (J291/2011) [2011] ZALCJHB 27; (2011) 32 ILJ 2219 (LC) (24 February 2011)

Sekwati v Masiye and Others (J291/2011) [2011] ZALCJHB 27; (2011) 32 ILJ 2219 (LC) (24 February 2011)

The court held that regulation 18(5)(a) of the South African Police Service Disciplinary Regulations provides for automatic suspension without pay when an employee fails to attend a rescheduled disciplinary hearing, and does not require the chairperson to postpone the hearing again under regulation 18(3)(a). The applicant's argument that the suspension was unlawful due to non-compliance with the postponement procedure was rejected. The court found that the applicant failed to demonstrate a clear right to relief, as the suspension was competent and automatic under the regulations. The applicant retains the right to approach the employer to reconsider the suspension under regulation...

Citation
[2011] ZALCJHB 27
Parties
Applicant: D. S. Sekwati; Respondent: N. P. Masiye, Station Commander, S A Police Service, Brakpan; Respondent: M. Petros, Provincial Commissioner, Gauteng; Respondent: P. van der Merwe, Presiding Officer
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 February 2011
Case Number
J291/2011
Procedural Posture
Urgent Application / Application to Set Aside Suspension Without Pay
Outcome
Application dismissed.
Judges
Lagrange
Legal Topics
Disciplinary Procedure, Suspension Without Pay, Failure to Attend Hearing, Regulation 18 Interpretation
Labour Law Disciplinary Procedure Suspension Without Pay Failure to Attend Hearing Regulation 18 Interpretation

Case Brief

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Parties

D. S. Sekwati

Applicant

N. P. Masiye, Station Commander, S A Police Service, Brakpan

Respondent

M. Petros, Provincial Commissioner, Gauteng

Respondent

P. van der Merwe, Presiding Officer

Respondent

Procedural Posture

Urgent Application / Application to Set Aside Suspension Without Pay

Legal Issues

  1. 1 Whether the applicant's suspension without pay was lawful under the South African Police Service Disciplinary Regulations.
  2. 2 Whether the chairperson was required to postpone the disciplinary hearing for at least seven days before imposing suspension without pay.
  3. 3 Whether the applicant's absence due to illness constituted good cause for non-attendance at the disciplinary hearing.

Ratio Decidendi

The court held that regulation 18(5)(a) of the South African Police Service Disciplinary Regulations provides for automatic suspension without pay when an employee fails to attend a rescheduled disciplinary hearing, and does not require the chairperson to postpone the hearing again under regulation 18(3)(a). The applicant's argument that the suspension was unlawful due to non-compliance with the postponement procedure was rejected. The court found that the applicant failed to demonstrate a clear right to relief, as the suspension was competent and automatic under the regulations. The applicant retains the right to approach the employer to reconsider the suspension under regulation...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.