THE FACTS
ARCHIBALD Makapela from Joburg said he is a former employee of the department of home affairs and was stationed at OR Tambo International Airport from October 2011.
In December 2012 he was arrested for alleged aiding and abetting, and a few months later he was dismissed.
The criminal case against him was
finalised two years later and he was found not guilty.
He appealed against the dismissal and was awarded retrospective reinstatement, but the employer did not do this and instead applied for a review.
They are waiting for a court date.
Archibald wants to know if he had the right to ask the employer for time off with salary to look for another job, and if he can sue both the employer and the police for damages.
WHAT I DID
I spoke to Scorpion Legal Protection Services to ask for legal advice for Archibald.
SOLUTION
Scorpion Legal advised that Archibald should approach the Labour Court to find out if anything else has been done by the employer since filing the application for review.
If nothing further has been done, then he should apply for the review application to be dismissed and for his award to be enforced. Regarding
requesting time off, he remains dismissed as the matter is up for review.
Nothing is stopping him from looking for other work and if he finds another job, he can inform the court that he no longer wants reinstatement but compensation instead.
Regarding suing the police and the employer, those claims have unfortunately prescribed as three years have passed so he can no longer sue them.
You can strike back legally too!
Click here
to fill in your details for Scorpion to call you back.
Terms and conditions apply.
