About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Johannesburg Labour Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: Johannesburg Labour Court, Johannesburg
>>
2011
>>
[2011] ZALCJHB 247
|
|
Matlala v National Commissioner of the South African Police Services and Another (J 2743/11) [2011] ZALCJHB 247 (6 December 2011)
IN
THE LABOUR COURT OF SOUTH AFRICA
(HELD
AT BRAAMFONTEIN)
Case: J 2743/11
In the matter between:
JOSIAS MATLALA
......................................................................
Applicant
and
NATIONAL COMMISSIONER
OF THE
SOUTH AFRICAN POLICE
SERVICES
.........................
First
Respondent
PROVINCIAL
COMMISSIONER, GAUTENG
MZWANDILE PETROS
...................................................
First
Respondent
JUDGMENT
LAGRANGE, J:
Having considered the
matter, I find that:
The court must to be
satisfied, on a balance of probabilities, that the respondents had
not acted in accordance with the provisions
of Regulation 13(2) of
the SAPS Regulations Governing the imposition of a Precautionary
suspension.
In deciding to impose a
precautionary suspension, the respondents are obliged to act in
accordance with the requirements of
the said regulation.
The evidence showed
that the respondents only considered the seriousness of the offence
relating to which they were contemplating
disciplinary action
against the applicant.
However, there was no
substantial evidence to demonstratethe basis on which the
respondents were satisfied, on reasonable grounds,
that the case
against the employee was so strong it was likely that that he would
be convicted of a crime and dismissed.
It is also not clear
that the applicant’s representations against being suspended
without pay were in fact considered.
It is further recorded
that the respondent has undertaken that the applicant shall not be
evicted from his residence located at
no 604 SAPS Residential
Building, Suiderland Flat, pending the outcome of the unfair labour
practice. Accordingly, an order in
respect of this relief is
unnecessary.
Order
Accordingly, it is
ordered that:
The applicant’s
suspension without pay is set aside pending the outcome of the
unfair labour practice dispute which the
applicant referred to the
Safety and Security Sectoral Bargaining Council on 25 November
2011.
The respondent must pay
the costs of the application.
ROBERT LAGRANGE
JUDGE OF THE LABOUR
COURT
Date of hearing : 5
December 2011
Date of judgment: 6
December 2011
Appearances:
For
the applicant : L M Malan instructed by Allardyce & Partners
For
the respondent: B M Lecose instructed by the State Attorney