The Labour Court in the Western Cape upholds the dismissal of a former City employee accused of rape and kidnapping, citing procedural unfairness in the hearings while awarding him one month's salary as compensation.
A former City of Cape Town employee, who was dismissed for the alleged rape and kidnapping of a 20-year-old woman, will not get his job back, as his dismissal was justified, but due to procedural unfairness in his hearings, he is entitled to one month's salary as compensation.
Recently, the Labour Court in the Western Cape partially cancelled an arbitration award issued under the auspices of the South African Local Government Bargaining Council (SALGBC).
In the arbitration proceedings, the commissioner found that the former city employee’s dismissal was substantively and procedurally unfair and that the employee should be reinstated retrospectively.
However, Labour Court Judge Tapiwa Gandidze cancelled the earlier decision and further said that because the commissioner had not applied his mind to all the material before him, it amounted to procedural unfairness in the disciplinary proceedings against the former employee, who was represented by his trade union.
