National Lotteries Commission v Mafonjo and Another (JR 48/2020)
National Lotteries Commission v Mafonjo and Another (JR 48/2020) [2023] ZALCJHB 184; [2023] 9 BLLR 970 (LC); (2023) 44 ILJ 1991 (LC) (23 June 2023)
The court found that the chairperson's ruling to suspend the dismissal of Ms Mafonjo for ten years was irrational, unlawful, and inconsistent with both the employer's disciplinary policy and established legal principles. The disciplinary policy prescribes dismissal as the only sanction for gross dishonesty and breach of confidentiality, and there is no provision for suspended dismissal. The chairperson's reliance on personal circumstances was misplaced, as such factors do not outweigh the seriousness of the misconduct or the operational need for trust in the employment relationship. The parit…
Source excerpt
- Legality Review
- Gross Dishonesty
- Fiduciary Duty
- Parity Principle
- Disciplinary Sanctions
- Breach Of Contractual Obligation