Public Servants Association and Another v Director General: Office of the Presidency of South Africa and Another (JR2219/11)
Public Servants Association and Another v Director General: Office of the Presidency of South Africa and Another (JR2219/11) [2015] ZALCJHB 78; [2015] 7 BLLR 700 (LC) (5 March 2015)
The court found that the Director General had a statutory and policy-based duty to allocate 1.5% of the salary budget for performance bonuses and to pay bonuses to employees who qualified after assessment. The refusal to pay bonuses on the basis of lack of funds was not sustainable, as the policy framework anticipated such situations and required scaling down the bonus or tightening criteria, not outright refusal. The right to receive bonuses was sourced in legislation, regulations, and policy, making it a dispute of right. The decision was illegal, irrational, and beyond the powers of the Di…
Source excerpt
- Performance Management
- Public Service Act
- Incentive Policy Framework
- Review Of Administrative Action
- Dispute Of Right
- Legality Review