Overstrand Municipality v Magerman NO and Another (C86/2013)
Overstrand Municipality v Magerman NO and Another (C86/2013) [2013] ZALCCT 58 (28 October 2013)
The Labour Court has jurisdiction under section 158(1)(h) of the LRA to review disciplinary findings imposed by a chairperson acting under a collective agreement in local government. The chairperson's sanction of suspension without pay and a final written warning for serious misconduct involving dishonesty was irrational and unreasonable, given the employee's senior position and the gravity of the misconduct. The mitigating factors considered by the chairperson did not outweigh the operational need for exemplary conduct and trustworthiness in law enforcement. The evidence established that the…
Source excerpt
- Review Of Disciplinary Findings
- Collective Agreement
- Jurisdiction Of Labour Court
- Dishonesty And Misconduct
- Sanction Substitution