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South Africa decisions
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Rand West City Local Municipality v Goba (J 748/21) [2021] ZALCJHB 157 (20 July 2021)
The Labour Court ordered a suspended municipal manager to return employer-owned electronic devices needed for an investigation, and awarded 50% costs.
Minah v Elias Mostwaledi Local Municipality (J4519/2018) [2018] ZALCJHB 429; [2019] 5 BLLR 481 (LC) (28 December 2018)
The court found that the applicant's suspension was not unlawful. The disciplinary board's recommendations were preliminary and did not preclude the Council from conducting further investigations into serious financial misconduct involving public funds. The applicant, as municipal manager, admitted to the misconduct and failed to demonstrate ignorance of the law was excusable. Her senior position justified the suspension to prevent interference with investigations and witnesses. The municipality complied with the relevant regulations by affording her an opportunity to make representations, wh…
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Marcus v Minister of Correctional Services and others (ECJ 2004/033) [2004] ZAECHC 33; (2005) 26 ILJ 745 (SE); [2005] 2 BLLR 215 (SE) (16 September 2004)
The High Court set aside a correctional services suspension, finding the employee was not given enough details to make representations and alternatives to suspension were not properly considered.
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