Detailis of Hearing and Representation

DETAILS OF HEARING AND REPRESENTATION

The arbitration hearing took place at Lebohang Building, Bloemfontein, on 9 September 2004. Applicant was represented by Mr Nqanda of the PSA while Mr Leiee represented respondent.

ISSUE TO BE DECIDED

It has to be determined whether or not the alleged dismissal of Mr Papali by respondent on 6 March 2003 was fair.

BACKGROUND TO THE ISSUE

Applicant was in the employ of respondent as General Principal Foreman. He last reported for duty on 16 August 2002 and according to him he came back to work on 2 September 2002 but was told not to resume work by his supervisor, Mr Makwaba. On the other hand respondent says Papali did not return to work until after expiry of thirty days calculated from 16 August 2002. Respondent wrote a letter to Papali on 6 March 2003 and informed him that he has been discharged from the public service by virtue of operation of the law in terms of section 17 (5) (a) (i) of the Public Service Act, 1994 with effect from 16 August 2002.

SURVEY OF EVIDENCE AND ARGUMENT

EMPLOYEE'S EVIDENCE

MR T P PAPALI ("Papali")

1. Papali testified under oath as follows : After work on 16 August 2002 he got a message that the shack where his sister stayed in Welkom had burned down. He told a colleague, one Leina, to inform his supervisor, Mr Makwaba, that he would be going to Welkom. Whilst he was in Welkom he ran out of money and could not travel back to Bloemfontein as a result. He waited for the end of the month so that his brother could deposit money for him which he did.

2. He reported for duty on 2 September 2002 and went to Mr Makwaba to sign leave forms for his absence. Makwaba told him to go home as he (Makwaba) had already written letters to him. He told his colleagues, Sheila and Minah that Makwaba told him not to report for duty.

3. He did receive pages 1 and 2 of EXHIBIT A ("A") which are letters in which respondent told him about the consequences of his unauthorised absence. He received the letter which informed him about the termination of his services on 6 March 2003 (EXHIBIT E ("E").

4. When he reported for duty on 2 September 2002 he could not clock in as there was no card for him. He was absent for 15 fifteen days as page 1 of A also states i.e he was absent from 17 August up to 30 August 2002. He did not have permission for this absence.

5. He does not sign a time register but uses a clock card instead. The time register in EXHIBIT D ("D") was kept by Minah and Sheila. He did receive the letter on page 3 of B which letter is dated 11