Transcription of IN THE LABOUR COURT OF SOUTH AFRICA
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IN THE LABOUR COURT OF SOUTH AFRICA
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA , JOHANNESBURG JUDGMENT Reportable Case no: JR 2145 / 2008 In the matter between: MEC: DEPARTMENT OF EDUCATION GAUTENG Applicant and J MSWELI First Respondent GPSSBC Second Respondent DESMOND LYNCH Third Respondent Heard: 10 July 2012 Delivered: 12 July 2012 Summary: Bargaining Council arbitration proceedings - Review of proceedings, decisions and 2 awards of arbitrator - Test for review of finding of procedural unfairness by arbitrator - Test whether arbitrator committed a material error of law so as to justify granting of review Public Service Act (Proc 103 of 1994) - Dismissal - By operation of law - Public service employee absent without authorization for period exceeding one month - Section 17(5)(a)(i) and (b) employee not reporting for duty after being deployed into post employee ignoring several instructions to report for duty - Such constituting absconding - employee's services terminated by operation of law.
1 REPUBLIC OF SOUTH AFRICA THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Reportable Case no: JR 2145 / 2008 In the matter between: MEC: DEPARTMENT OF EDUCATION GAUTENG Applicant
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