Maile v Department of Correctional Services (JS33/13)
Maile v Department of Correctional Services (JS33/13) [2017] ZALCJHB 106 (24 March 2017)
The court held that the applicant's employment relationship was suspended upon his incarceration, and he could not be classified as an employee during that period. The appeal process could not be completed due to intervening circumstances, and the respondent was not obliged to convene appeal proceedings at the correctional facility. The applicant's reliance on clause 7.16.2.1 was misplaced, as the definitions in the relevant statutes require the ability to render services and receive remuneration, which was not possible during imprisonment. The claim for remuneration was therefore without mer…
Source excerpt
- Employee Definition
- Remuneration Entitlement
- Disciplinary Appeal Procedure
- Incarceration And Employment
- Basic Conditions Of Employment Act