Mkhwebane filed papers last month over the payment of a gratuity, which she argued was due to her.wants her R10-million gratuity and will on Tuesday turn to the Gauteng High Court in Pretoria to challenge the decision by the office of the Public Protector not to pay her.Advocate Kholeka Gcaleka in February indicating that she would not be receiving her gratuity because she was removed from office after being impeached.
In terms of this section, an employer must pay an employee their remuneration no later than seven days after the completion of the period for which the remuneration is payable. Non-payment within this period, or under-payment of salary, will be in breach of this section.1. Declare unconstitutionality and invalidity of certain conditions and seek just and equitable remedy for the payment of relevant gratuity.
In her application, Mkhwebane highlighs the “extended delay in receiving a response from the office of the public protector and Gcaleka and the history of malicious conduct dating back to May/June 2022 as additional grounds for the punitive order being sought”. Mkhwebane’s application also emphasizes that “public administration must be governed by a high standard of professional ethics, fairness, and absence of bias, as prescribed by Section 195”.
Mkhwebane is seeking relief in various forms including that the court orders the respondents to ensure that the gratuity is paid no later than 30 days after the date of the order.‘Waste of taxpayers’ money’: Deputy public protector interviews to start afresh