operational justifiability and the obligation to consult with the trade union. This is a lengthy judgment. This case was an application in terms of section 158(1)(h) of the Labour Relations Act, (“LRA”) to review the employer’s (Second Respondent’s) decision not to reinstate the Applicant (employee) subsequent to the applicant’s termination of services in terms of section 17(3)(a) of the Public Service Act (“PSA”). The main issue to be decided was whether the Second Respondent’s decision to refuse reinstatement of the employee passed the legality test within the context of review. The employer’s decision was reviewed and set aside. This was a review of an arbitration award, in which the commissioner found the employee’s dismissal procedurally unfair and awarded compensation. The employer’s evidence was contradictory as to the date of hearing. It was held that the employee was not afforded an opportunity to refute the employer’s evidence. The commissioner’s award was upheld as reasonable, and the review was dismissed.
operational justifiability and the obligation to consult with the trade union. This is a lengthy judgment. This case was an application in terms of section 158(1)(h) of the Labour Relations Act, (“LRA”) to review the employer’s (Second Respondent’s) decision not to reinstate the Applicant (employee) subsequent to the applicant’s termination of services in terms of section 17(3)(a) of the Public Service Act (“PSA”). The main issue to be decided was whether the Second Respondent’s decision to refuse reinstatement of the employee passed the legality test within the context of review. The employer’s decision was reviewed and set aside. This was a review of an arbitration award, in which the commissioner found the employee’s dismissal procedurally unfair and awarded compensation. The employer’s evidence was contradictory as to the date of hearing. It was held that the employee was not afforded an opportunity to refute the employer’s evidence. The commissioner’s award was upheld as reasonable, and the review was dismissed.
Consolidated-JSA-Judicial-Candidate-Reviews-March-2017.docx