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.
The Labour Court has ruled that a former City of Cape Town employee dismissed over the alleged rape and kidnapping of a 20-year-old woman will not be reinstated, although procedural unfairness during his disciplinary hearings has entitled him to one month's salary as compensation.
The ruling partially set aside 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.
