Hollow victory after three-decade fight over dismissal
Publish date: 03 December 2018
Issue Number: 802
Diary: IBA Legalbrief Africa
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.