Phosa v Ekurhuleni Municipality (J14/22)
Phosa v Ekurhuleni Municipality (J14/22) [2024] ZALCJHB 470 (28 November 2024)
The court found that the plaintiff's dismissal was causally linked to her protected disclosure regarding procurement irregularities. The evidence showed that after making the disclosure and lodging a grievance, the plaintiff was subjected to occupational detriment, including unwarranted disciplinary action and ultimately dismissal. The defendant's stated reasons for dismissal—incapacity and poor performance—were found to be contrived and unsupported by proper procedure. The employer failed to investigate the allegations raised in the protected disclosure and did not follow the contractual or…
Source excerpt
- Automatically Unfair Dismissal
- Protected Disclosure
- Procurement Irregularities
- Occupational Detriment
- Breach Of Contract
- Remedies And Compensation