The National Commissioner of the South African Police Service and Another v Myers

Ivan Myers, a Lieutenant-Colonel in the South African Police Service (SAPS), was dismissed in 2007 while occupying the post of Unit Commander: Maitland Dog Unit at salary level 10. His dismissal was ultimately found to be unfair by the Supreme Court of Appeal (SCA), which ordered his reinstatement to the position he held prior to dismissal. Before reinstatement, SAPS underwent restructuring: the Maitland Dog Unit was merged with another unit to form the Cape Town K9 Unit, and a restructured post at salary level 10 was created, with an approved but not yet implemented upgrade to salary level 12. Myers was reinstated to the restructured K9 Commander post at salary level 10. He contended that SAPS failed to comply fully with the reinstatement order and launched a second contempt application, arguing he was entitled to reinstatement at salary level 12. The Labour Court agreed and ordered SAPS to place him at level 12. SAPS appealed this order, while Myers cross-appealed regarding retrospectivity and sought to introduce new evidence.

Appeal upheld with costs. The Labour Court’s judgment in the second contempt application was set aside and substituted with an order dismissing the application with costs. The cross-appeal and the application to adduce new evidence were dismissed with costs.

The case clarifies the scope of the reinstatement remedy in South African labour law, confirming that reinstatement does not automatically entitle an employee to promotions or upgraded posts introduced after dismissal. It reinforces limits on the use of contempt proceedings to obtain substantive employment benefits and affirms the discretion of the SAPS National Commissioner in matters of post upgrades under the SAPS Employment Regulations.