Dukiso v King Sabata Dalindyebo Local Municipality and Others

The applicant, Mr Ndiviwe Dukiso, was employed by the King Sabata Dalindyebo Local Municipality as a law enforcement officer under a written contract of employment concluded in 2005. His salary was payable monthly. In February 2022, the municipality stopped paying his salary without prior notice or explanation. When the applicant enquired, neither the salary nor human resources departments could provide reasons, other than indicating that the termination was initiated by the third respondent, his director. The respondents later contended that the applicant had been absent from work without authorisation for more than fourteen days, which allegedly triggered automatic termination of his employment under clause 22(h) of the contract, alternatively justifying non-payment as leave without pay under clause 30. The applicant denied unlawful absence and contended that his salary was terminated without notice, consultation, or compliance with applicable disciplinary procedures and municipal policies.

The respondents were ordered to reinstate the applicant’s salary retrospectively from February 2022 and to pay the costs of the application.

The judgment affirms that clauses in employment contracts dealing with unauthorised absence must be interpreted in harmony with incorporated disciplinary procedures, HR policies, and collective agreements. It reinforces the principle that employers, including municipalities, may not terminate employment or remuneration without notice and an opportunity to be heard, even where contracts appear to provide for termination following prolonged absence.