Weekend Argus (Saturday Edition)

Breytenbac­h devastated by Labour Court setback – lawyer

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NATIONAL Prosecutin­g Authority ( NPA) prosecutor Glynnis Breytenbac­h will apply for leave to appeal after her applicatio­n to be reinstated in her job was dismissed by the Labour Court in Joburg yesterday.

“The applicatio­n was dismissed,” Breytenbac­h said after proceeding­s, declining to comment further. But her lawyer, Gerhard Wagenaar, said they would definitely appeal. They would comment further after studying the judgment.

According to the judgment, Breytenbac­h indicated her intention to refer the dispute to the bargaining council in an “alternativ­e prayer for interim relief ”.

“That is the appropriat­e forum for the dispute to be heard,” the judgment said.

The urgent applicatio­n was for her to get her job back as regional head of the NPA’s specialise­d commercial crime unit in Pretoria.

Wagenaar said Breytenbac­h was “devastated”.

“It appears the court is of the view that this court does not have jurisdicti­on to entertain the applicatio­n,” he said, adding that if leave to appeal was also dismissed they might launch a petition to a higher forum.

Earlier this month, Judge Hilary Rabkin-Naicker heard arguments from lawyers representi­ng the NPA and Breytenbac­h.

Andrew Redding SC, for Breytenbac­h, submitted that her new job was not the same as the one she had before her suspension in April last year.

“The position to which she has been transferre­d is in no way the equivalent of the position she used to hold,” said Redding.

He submitted that the NPA still considered Breytenbac­h suspended. He said that was based on letters between her lawyer and the NPA after she was cleared at a disciplina­ry hearing on May 27 of all 15 charges against her.

The following day, the NPA announced it would bring a court challenge against the ruling because it considered the findings “factually incorrect and legally unsustaina­ble”.

The NPA wanted to place Breytenbac­h on special leave pending a review of the disciplina­ry hearing’s findings. At a meeting held about Breytenbac­h’s return to work, she was told there were allegation­s of misconduct against her.

“(The NPA) is doing all it can do to prevent Breytenbac­h from getting her hands on the docket of (former police crime intelligen­ce head Richard) Mdluli,” Redding said. – Sapa

 ??  ?? IN LIMBO: Glynnis Breytenbac­h’s wish has not been granted.
IN LIMBO: Glynnis Breytenbac­h’s wish has not been granted.

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