| 14.1.1. |
If a member who has less than 10 years pensionable service to his or her credit is discharged— |
| (a) |
on account of ill-health not occasioned by his or her own fault; |
| (b) |
owing to the abolition of his or her post or the reduction or the reorganisation or the restructuring of the activities of his or her employer; |
| (c) |
on the grounds that his or her discharge will promote efficiency or economy or otherwise be in the interest of his or her employer; |
| (d) |
on account of his or her incapability to carry out his or her duties efficiently excluding cases where such incapability and inefficiency result in such a person being discharged on grounds of misconduct; |
| (e) |
on the grounds that the President or the Premier of a province appointed him or her in terms of the provisions of an act to an office and his or her pensionable service cannot be recognised as pensionable service for the purposes of a superannuation, pension, relief or provident fund or scheme established by or under any law for the holders of such office; |
| (f) |
as a result of injury or ill-health, not occasioned by his own fault, arising out of and in the course of his employment; or |
| (g) |
in terms of section 17(4) of the Public Service Act, 1994, or in terms of section 17(7) of the Post Office Service Act, 1974 (Act No. 66 of 1974), |
there shall be paid to him or her a gratuity which shall be calculated at 15,5 per cent of such a member's final salary, multiplied by the period of his or her pensionable service: Provided that a member's final salary shall for this purpose not be less than his or her pensionable emoluments as on the day immediately before the commencement date.
| 14.1.2 |
If a member is discharged for a reason mentioned in rule 14.1.1 (a), (b), (c), (e) or (f), the amount of the gratuity which is payable to him or her in terms of rule 14.1.1, shall be increased by one-third of the said amount. |
| 14.1.3 |
The gratuity payable in terms of rule 14.1.1 or rule 14.1.2 shall be subject to a minimum of the benefit calculated in terms of rule 14.4.1. |
[Rule 14.1.3 inserted by rule 1 of Notice 775 of 2017]
Basic Conditions of Employment Act, 1997
