Axed top cop Jeremy Vearey said the Labour Court ruling in which he was vindicated this week is precedent-setting for others who suffered “similar abuses”.
This week, the Labour Court sitting at the Western Cape High Court ruled that the arbitration which led to Vearey’s dismissal was unfair and should be heard anew.
Labour Court Judge Hilary Rabkin-Naicker ruled that the decision by the Safety and Security Sectoral Bargaining Council (SSSBC) arbitrator, Imthiaz Sirkhot – who found Vearey’s dismissal was “substantively fair” – be set aside and for the matter to be referred back to the council.
“I am happy. We got exactly what we had challenged for. It is a bittersweet victory because I will be 61 soon and whoever tried to get rid of me out of the police service before my retirement ... they can pat themselves on the back but the fight is not over.
I am still strong and resolute that I will fight injustice and for what is rightfully mine in terms of benefits and all that I lost.
“That is one part of the battle. If they (SSSBC) elect to re-trial me, that is their right ... I am glad that the judge pointed out about the new issues that were brought up during the arbitration process ... this will ensure that such things won’t happen again. Members now have hope to use this case as a precedent so that similar abuses don’t continue and to really fight against abuses in the past,” said Vearey.
Judge Rabkin-Naicker said the applicant was not charged with incitement of others to commit unlawful acts. However, the award and transcript of the proceedings reflected that the respondent’s evidence was heavily weighted to supporting the proposition that he had misconducted himself in this way.
“The actual charge against Vearey for which he was found guilty was clearly framed ... This judgment finds that Vearey did not get a fair trial of the issues at arbitration.”
National police spokesperson Brigadier Athlenda Mathe said: “The SAPS has received the judgment and we have noted that the Labour Court has set aside the arbitration award in which it was found that Vearey was unfairly dismissed from the SAPS and that the court has referred the matter back to the SSSBC for hearing before a new arbitrator. The matter is therefore still sub judice and as such we will not comment on a pending labour matter.”
Enquiries to the SSSBC were not answered by deadline on Thursday.
Vearey, who headed the Western Cape’s detectives, was dismissed from his position in 2021 on the grounds of misconduct for “disrespectful” posts he made on social media which brought the SAPS “into disrepute” by posting images and messages which “degraded the leadership of SAPS”.
Police and Prisons Civil Rights Union (Popcru) spokesperson Pat Ralaone, who represented Vearey in arbitration and conciliation hearings, said the union had always supported its member.
“We were specific and clear that he was not given a fair trial at the hearings simply because I was not given the chance to call witnesses.
“The court said clearly that he was dismissed on something that was not related to the charges Vearey faced.
We are proud that he was vindicated,” said Ralaone.
Cape Times