Value judgments: Do employers always need to reinstate...

In its recent decision in
Booysen v Safety and Security Sectoral Bargaining Council and others, the Labour Appeal Court had to consider whether the appellant, Mr Thembinkosi Booysen, was entitled to be reinstated into his employment in terms of the Labour Relations Act.
In this case, Booysen, who was employed as a chef by the South African Police Service (SAPS), was charged by the SAPS with raping the daughter of his neighbour, a 16-year-old, outside of his working hours. The SAPS did not accept Booysen’s defence that he had consensual intercourse with the complainant and dismissed him. Booysen was found not guilty of the rape charge and referred an unfair dismissal dispute to the Safety and Security Bargaining Council, where his dismissal was upheld.

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