The Public Servants' Association (PSA) on Tuesday applauded an award made by the CCMA ordering the reinstatement of the public protector's Free State head Sphelo Hamilton Samuel by next Monday.
The Commission for Conciliation, Mediation and Arbitration (CCMA) also said he must receive back pay of R1.5m.
Samuel, a member of the PSA, was subjected to a disciplinary hearing by suspended public protector Busisiwe Mkhwebane in 2020 who charged him with several allegations of misconduct. The charges followed a letter he had written to parliament in 2020 requesting an investigation into the conduct of Mkhwebane as well as pointing out financial mismanagement at the institution.
“The member was subsequently dismissed in December 2020 and the PSA referred an unfair dismissal dispute to the CCMA,” the PSA said in a statement.
It said the CCMA commissioner found on June 24 that the public protector failed to discharge the onus to prove that Samuel breached a rule in respect of the charges presented against him. As a result, the dismissal was found to be substantively unfair.
“The PSA applauds the ruling as a victory to ensure fair treatment for employees who were subjected to victimisation and unfair treatment by the suspended public protector,” the PSA said.
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