South African Police Service and Another v Van der Merwe NO and Others (JR 998/09)
South African Police Service and Another v Van der Merwe NO and Others (JR 998/09) [2012] ZALCJHB 132; [2013] 3 BLLR 320 (LC); (2013) 34 ILJ 1579 (LC) (8 November 2012)
The Labour Court held that the arbitrator adopted an unduly technical approach by requiring a criminal conviction before SAPS could dismiss an employee for misconduct under Regulation 20(z). The regulation was interpreted to encompass conduct outside the employment relationship that is unbecoming, disgraceful, or improper for a police officer, and which undermines public confidence in the police. The court found that the conduct of Inspector Paton, involving dishonesty and breach of trust in defrauding a vulnerable friend, was intolerable and projected him as unfit to be a police officer. The…
Source excerpt
- Unfair Dismissal
- Disciplinary Procedure
- Misconduct Outside Employment
- Saps Regulations
- Remedies On Review