Solidarity and Another v Armaments Corporation of South Africa (Sco) Ltd and Others (JA40/17)
Solidarity and Another v Armaments Corporation of South Africa (Sco) Ltd and Others (JA40/17) [2018] ZALAC 39; [2019] 3 BLLR 248 (LAC); (2019) 40 ILJ 535 (LAC) (27 November 2018)
The court held that s37 of the Defence Act and Armscor's policies make it a prerequisite for employees to maintain appropriate security clearance. Mr Joubert's dismissal was based on supervening impossibility of performance, constituting incapacity. However, the procedural requirements of s39 and s41 of the Defence Act, and relevant Armscor policies, were designed to ensure that employees are given reasons for refusal and an opportunity to make representations before termination. The termination letter was issued before it was established that incapacity was permanent, and the review process…
Source excerpt
- Incapacity Dismissal
- Security Clearance
- Procedural Fairness
- Defence Act Compliance
- Arbitration Review