Lekabe v Minister Department of Justice And Constitutional Development (J1092/08)
Lekabe v Minister Department of Justice And Constitutional Development (J1092/08) [2009] ZALCJHB 95 (5 February 2009)
The court held that clause 2.7(2)(c) of the Senior Management Service Handbook addresses the duration of precautionary suspension and not the employer's right to discipline. The expiry of the 60-day period does not extinguish the employer's prerogative to proceed with disciplinary action. The intention behind the clause is to prevent prolonged suspensions that unfairly prejudice employees, not to create a prescription period for disciplinary proceedings. The applicant's suspension beyond 60 days was invalid, but the respondent retained the right to continue with the disciplinary hearing. The…
Source excerpt
- Precautionary Suspension
- Disciplinary Code Interpretation
- Unfair Labour Practice
- Senior Management Service Handbook
- Employment Contractual Rights