In this article Benita Whitcher provides responses to the following questions: * Is it legal to place someone on special leave indefinitely in the civil service on full pay pending an investigation for misconduct? *What happens when a post in the public service cannot be filled by a person from an under-represented group? Does the post remain open until someone from that group can be found? *Recently a worker in the municipality sent in a letter of resignation and then very soon after she changed her mind but the municipal manager wanted to hold her to the resignation. Is this legal? *I am confused because in the public sector sometimes PAJA (Promotion of Administrative Justice Act which rests on constitutional rights and the right to fair procedures and reasons for administrative action) is invoked in labour law cases and sometimes the LRA. Can you give me some examples of what to use when?
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