Johannesburg - Sars deputy commissioner Ivan Pillay remains suspended despite the unfair labour practice dispute being resolved through the CCMA on Wednesday, Sars said.
“In this regard, SARS hereby unequivocally state that Mr Pillay's suspension of 21 January 2015 is still effective despite today's CCMA resolution,” the SA Revenue Service (Sars) said in a statement.
“Mr Pillay and Sars have exercised their rights to keep the CCMA resolution confidential and no party is permitted to publicly disclose the details thereof.”
In a statement, Sars confirmed that the dispute with regard to the suspension of December 5, 2014 was “amicably resolved” through conciliation at the CCMA.
“The resolution is only with regard to the unfair labour practice dispute lodged by Mr Pillay on 12 December 2014. It is a matter of public knowledge that the 05 December 2014 suspension was set aside by the Labour Court on 18 December 2014,” Sars said.
“Today's CCMA resolution has no effect on Mr Pillay's suspension of 21 January 2015 which is still effective pending an investigation into allegations of gross misconduct, acts of impropriety and bringing the organisation's name and reputation into disrepute.”
Sars said the investigation was at an advanced stage.
The January 21 suspension was made after affording Pillay a “reasonable and fair” opportunity from December 19 to January 16 to provide reasons as to why he should not be suspended, Sars said.
Earlier, the Commission for Conciliation, Mediation and Arbitration (CCMA) said it could only confirm that the matter between Sars and Pillay had been settled as a result of a successful CCMA conciliation process.
The CCMA declined to provide further details.
On Friday, Sars said Pillay had been suspended for a second time in two months.
“Sars can confirm that a second notice of suspension was served on Mr Ivan Pillay on Wednesday 1/8January 21 3/8,” it said at the time.
Sars said at the time it would not make any further comments about the details of the disciplinary procedures against him.
On December 5, Pillay and Sars's strategic planning and risk group executive Peter Richer were suspended for the first time amid allegations of a special projects unit engaging in illegal activities in Sars.
Also on Friday, the Mail&Guardian reported that Pillay decided to attempt to overturn his suspension via the CCMA. He also applied for compensation for what the labour court found was an unlawful suspension, the newspaper reported.
Sapa