ConCourt to hear NPA dismissal case

2013-05-22 22:21

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Johannesburg - The Constitutional Court will hear an application on Thursday for leave to appeal by an NPA employee who was fired while being on suspension.

The applicant, Derrick Grootboom, went to the United Kingdom to study for a year without permission from the National Prosecuting Authority, while he was on suspension.

While he was overseas, the NPA notified him that he had been dismissed in terms of section 17(5)(a)(i) of the Public Service Act.

This section provided for an employee to be dismissed if he or she had been absent from official duties without permission of a supervisor for a period exceeding one calendar month.

Grootboom sought a review of the dismissal in the Labour Court, which turned down his application. He then approached the Labour Appeal Court which also dismissed his appeal.

An application to the Supreme Court of Appeal for special leave to appeal was refused.

Grootboom was arguing that section 17(5)(a)(i) was improperly invoked by the NPA.

He contended that the jurisdictional requirements in the section were not met.

He is seeking an order to reinstate him.

The NPA has submitted that Grootboom was still an employee and that his failure to obtain leave for his studies abroad satisfied the requirements for a dismissal.

Read more on:    npa  |  labour

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