Today's Labour News

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prasaGroundUp reports that the Passenger Rail Agency of SA (Prasa) has been ordered to reinstate Western Cape regional security manager Ernest Hendricks by no later than 20 November.  

In a damning ruling by the CCMA on Wednesday, commissioner Elridge Edwards found that Hendricks's suspension was both procedurally and substantively unfair.  He was suspended on 25 April 2019 after two trains were torched at Cape Town Station during the Easter Weekend.  According to Prasa's rules, Hendricks's suspension was only meant to last for 30 days, unless the matter was complex and needed further investigation.  Hendricks argued that his suspension was unfair because it had been longer than the prescribed period and was done without the permission of Prasa's CEO.  But Mark Horn, benefits and payroll manager, told the CCMA that Hendricks's suspension was necessary because "he could have influenced witnesses or tampered with evidence" during the forensic investigation.  "I find that the applicant's continued suspension is procedurally unfair because the respondent has not obtained permission from the CEO to extend his suspension beyond the 30 days as is required … I fail to see how the forensic nature of the investigation detracted from an employee's right to make representations as to why he should not be suspended," he stated.

  • Read the full original of the GroundUp report in the above regard by Barbara Maregele at Fin24


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