PSA obo Smit v Mphaphuli NO and Others (C742/11)
PSA obo Smit v Mphaphuli NO and Others (C742/11) [2014] ZALCCT 19; (2014) 35 ILJ 2254 (LC) (16 April 2014)
The court found that the arbitrator's award was reasonable and not reviewable, as the evidence showed the applicant was absent without permission for more than a calendar month, satisfying the jurisdictional prerequisites for termination by operation of law under section 17 of the Public Service Act. The arbitrator properly considered the evidence and followed the required process. However, the MEC's refusal to reinstate the applicant was set aside because no reasons were provided for the decision, rendering it irrational and unreasonable under principles of administrative justice. The matter…
Source excerpt
- Public Service Act Dismissal
- Operation Of Law Termination
- Review Of Arbitration Award
- Reinstatement By Mec
- Promotion Of Administrative Justice Act