Prasa has won an appeal against a previous Labour Court ruling which ordered the reinstatement of ‘whistleblower’ Martha Ngoye and two other executives. The Passenger Rail Agency of South Africa has won an appeal against a previous Labour Court ruling which ordered the reinstatement of “whistleblower” Martha Ngoye and two other executives.
Judge President Basheer Waglay said the relief the axed employees sought in the lower court was expressly “specific performance” in terms of the Basic Conditions of Employment Act. “In the absence of any challenge to the facts and allegations set out and made by the respondents , the court must accept them as correct. It is clear that Prasa did in fact terminate the contracts without good or proper cause.
This was opposite to the relief a dismissed employee was entitled to who sought reinstatement in terms of the Labour Relations Act for unfair termination. He said he was not satisfied that their reinstatement would not lead to conflict in the workplace. Added to this was the fact that the termination demonstrated that Prasa no longer needed their services.
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