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Court rules law on unilateral deductions to salary, unconstitutional

by 07/12/2017 12:05:00 0 comments 1 Views

The Constitutional Court on Thursday confirmed that a section in the Public Service Act‚ which permitted an employer to make unilateral deductions from an employee’s salary‚ was unconstitutional.

The court confirmed the order passed by the Labour Court in January‚ which concerned a health manager who was erroneously overpaid for a number of years.

Any law which is declared as unconstitutional by a lower court has to be confirmed as such by the Constitutional Court.

Itunu Ibogu‚ a senior administrator at Charlotte Maxeke Hospital‚ found herself owing the Gauteng health department close to R800‚000 after being erroneously appointed in the wrong position in 2010.

It took the department five years to discover the error. A letter was sent to Ubogu in September 2015 explaining how‚ in the process of her redeployment‚ “you were instead‚ erroneously appointed”.

Ubogu was advised that the amount owed by her to the department was R794‚014.

When the health department deducted part of her salary to settle the bill‚ Ubogu’s union‚ the Public Servants Association‚ approached the Labour Court on her behalf.

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