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Labour Law [2017] ZALCJHB 69

Provincial Commissioner: North West South African Police Service and Another v Safety and Security Sectoral Bargaining Council and Others (JS787/14)

Provincial Commissioner: North West South African Police Service and Another v Safety and Security Sectoral Bargaining Council and Others (JS787/14) [2017] ZALCJHB 69 (22 February 2017)

Court
Labour Court Johannesburg
Case number
JS787/14
Judge
Malindi

The court held that Regulation 16(4) of the SAPS Regulations deems all employees, including those suspended without remuneration, as suspended pending the outcome of their appeal. Regulation 17(9) requires the appeal authority to finalize appeals within thirty working days, and if not, the employee must resume duties and await the outcome. The court found that Mosweu, who was suspended without remuneration and subsequently dismissed, remained suspended pending the outcome of his appeal. Since the appeal was not finalized within the prescribed period, he was entitled to reinstatement and remun…

Source excerpt

  • Saps Regulations
  • Unfair Labour Practice
  • Disciplinary Procedure
  • Compensation
  • Interpretation Of Regulations
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Labour Law [2012] ZALCJHB 132

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)

Court
Labour Court Johannesburg
Case number
JR 998/09
Judge
Molahlehi

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
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.