In Brief
A school employee claimed illegal retrenchment and sought reinstatement from the Supreme Court after the High Court reversed a Labour Court award. The employee alleged termination in 2006 without inquiry. The Court held that even without a domestic enquiry, a tribunal can consider evidence to determine if dismissal was justified. Critically, the burden of proving continuous employment for 240 days in the preceding 12 months lay on the employee. The employee failed to produce attendance records or salary slips despite the school being government-administered. Evidence showed the employee abandoned service in 1997 after marriage. The Court allowed the appeal, restored the Labour Court's award rejecting the retrenchment claim, and clarified principles governing dismissal cases without prior enquiry.
The lawyer headnote and full judgment text are available to registered users.