Randburg magistrate's claim dismissed

2014-02-28 22:36

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

kalahari.com

Bloemfontein - The Supreme Court of Appeal (SCA) found against a Randburg magistrate on Friday who sued his employers for loss of income after he resigned due to problems with his boss.

The SCA upheld an appeal by the minister of justice and constitutional development against an award for damages of more than R9.4m in favour of former Magistrate Frederick Reinecke.

Reinecke, a Randburg relief magistrate, alleged that he resigned in 2002 due to victimisation and discrimination against him by the then chief magistrate at Randburg.

He said his working circumstances were intolerable and he had resigned.

Reinecke further submitted that his leaving his job amounted to constructive dismissal that amounted to repudiation of his employment contract.

The SCA held the case rested upon the existence of a contract of employment and whether Reinecke could contend the chief magistrate's conduct amounted to a repudiation of such a contract.

In a unanimous decision, the court held it was not clear whether magistrates in South Africa were still employed by the state.

Even if they were, their discharge from service could only be effected through statutory mechanisms, laid down in the Magistrates Act 1993 and not the conduct of a chief magistrate.

The SCA found the remedies for any such mistreatment were not contractual but statutory and did not include a claim for damages on the basis forwarded by Reinecke.

The appeal was upheld and the award of damages set aside.

- SAPA
Read more on:    sca
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
8 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/Music

Jobs in Cape Town [change area]

Jobs in Western Cape region

Sales Consultant - Worcester

Central Karoo
Waltons (Pty) Ltd
R7 000 - R9 000 Per Month

Finance & HR Administrator

Cape Town CBD
Switch Consultants (Pty) Ltd
R12 000 - R15 000 Per Month

Listed Credit Analyst

Cape Town
DAV Professional Placement Group

Property [change area]

Travel - Look, Book, Go!

Magical Massinga

Spend 5 nights at the gorgeous Massinga Beach Lodge in Mozambique and only pay for 4 from R13 220 per person sharing. Includes return flights, accommodation, transfers and romantic turndown. Book now!

Kalahari.com - shop online today

Up to 40% off fashion accessories

Save up to 40% on selected handbags, purses, watches, jewellery and more. Offer valid while stocks last. Shop now!

Save up to R2000 on top electronics

Get every day mind bowing savings on top electronics. Offer valid while stocks last. Shop now!

As seen on TV - New book releases at only R199 each

Get mind blowing book savings on new titles. Offer valid while stocks last. Shop now!

Save up to 50% on Women’s month treats!

Celebrate the awesome women in your life with awesome treats like beauty products, fashion accessories, bestselling books, electronics and more. Offer valid while stocks last. Shop now!

Up to 60% off - clearance sale!

Save up to 60% on appliances, books, electronics, toys, movies and more. Offer valid while stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The quest for understanding has reached a new intense emotional level. The more tempestuous your emotions are, the bigger the...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.








Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.