Makade v Public Health And Social Development Sectoral Bargaining Council  (PA2/2012) [2014] ZALAC 43 (19 August 2014) per Molemela AJA [Ndlovu JA and Sutherland AJA concurring]

Appeal disallowed with costs and Labour Court’s judgment upheld.  LAC summary: Termination of employment by operation of law in terms of s17 of the PSA.  Employer lifting employee’s suspension and deploying employee to another position.  Employee not reporting for duty –Employer warning employee of consequences of absconding.  Commissioner and court a quo finding that employee not dismissed but employment terminated by operation of law.

[1] This is an appeal against the judgment of the Labour Court (Cawe AJ) dismissing an application to review the second respondent’s decision in which he found that the appellant was dismissed from the Public Service by operation of law.  The appeal is brought with leave of the court a quo.