The High Court dealt with a dispute about whether a former Commissioner for Gender Equality could be paid for accumulated leave. The judgment says Commissioners for Gender Equality are public office bearers, not employees, and that the Commission’s leave policy could not lawfully treat them as employees for leave purposes. The court made the settlement agreement an order of court and declared that Commissioners for Gender Equality may not lawfully accumulate leave in terms of the Commission’s leave policy.
This may be relevant to public office bearers, Chapter 9 institutions, and employment or remuneration policies linked to statutory office holders.
Evidence from source
Public office bearers are not to be treated as the employees of the institutions to which they are appointed.
Supports: Summary point that public office bearers are not employees.
To the extent that the Commissioners Handbook or the Commission’s leave policy purports to treat them as such, it is unlawful.
Supports: Summary point about the leave policy and employee treatment.
It is declared that Commissioners for Gender Equality, as public office bearers, may not lawfully accumulate leave in terms of the Commission’s leave policy.
Supports: Summary point about the court's declaration and order.