Close This website uses modern features that are not supported by your browser. Click here for more information.
Please upgrade to a modern browser to view this website properly. Google Chrome Mozilla Firefox Opera Safari
your legal news hub
Sub Menu
Search

Search

Filter
Filter
Filter
A A A

Hollow victory after three-decade fight over dismissal

Publish date: 03 December 2018
Issue Number: 802
Diary: IBA Legalbrief Africa
Category: Employment

After three decades of dedicated service to Armscor, a senior manager was sacked when he was refused a security clearance by the SA National Defence Force (SANDF) intelligence division. Now, the Labour Appeal Court has held that Koos Joubert must be paid a full year's salary, the maximum compensation allowed by the Labour Relations Act, because of the 'egregious' way he was dismissed: no reasons were ever given and due process was not followed. In her column, A Matter of Justice, on the Legalbrief site, Carmel Rickard says she is outraged by the case and by the fact that the SANDF have to this day not provided reasons, a tactic that effectively blocked Joubert's attempts to have his dismissal reviewed. She argues that the impact on Joubert's pension benefits has been devastating and asks whether there might be scope for a damages claim against Armscor and/or the SANDF.  

A Matter of Justice

Ruling