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Labour Law [2015] ZAFSHC 195

O'Connor v Minister of Defence (4282/2015)

O'Connor v Minister of Defence (4282/2015) [2015] ZAFSHC 195 (29 October 2015)

The applicant failed to establish a clear right to remain in position 676 or to prevent the transfer of the second respondent. The regulations promulgated in the Government Gazette require that a person demoted in rank be placed at the most junior position in that rank, overriding any contrary guidance in the Chief of Staff's letter. The applicant's grievance regarding his placement as Junior Flight Sergeant does not entitle him to the relief sought, as even if successful, he would only be eligible to apply for post 676, with no guarantee of appointment. The applicant did not demonstrate prej…

  • Military Grievance Procedure
  • Interim Interdict
  • Demotion
  • Succession Planning
  • Seniority Determination
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