Mapyane v South African Police Service and Others (JR 1948/19)
Mapyane v South African Police Service and Others (JR 1948/19) [2023] ZALCJHB 344; (2024) 45 ILJ 564 (LC) (24 November 2023)
The court found that the delay of approximately three and a half years in instituting disciplinary proceedings against the applicant was excessive and unexplained, violating the mandatory requirement for prompt action under the South African Police Service Discipline Regulations. This delay tainted the procedural fairness of the dismissal. However, the applicant failed to prove that the employer had unequivocally waived its right to discipline him, as he was aware of ongoing investigations and participated in the disciplinary process. The arbitrator's findings on substantive fairness regardin…
Source excerpt
- Unfair Dismissal
- Disciplinary Delay
- Procedural Fairness
- Waiver Of Right To Discipline
- Compensation For Unfair Dismissal