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Mkhwanazi and the union approached the court in an attempt to block internal proceedings initiated by the City of Ekurhuleni, arguing that the charges against him were unlawful.
He contended that the alleged misconduct, linked to his dealings with controversial businessman Vusimuzi “Cat” Matlala, occurred under a previous employment contract which has since been terminated.
According to court papers, Mkhwanazi faces serious allegations, including the fraudulent registration of Matlala’s private vehicles under the municipality’s name and the alleged facilitation of blue lights being fitted to those vehicles.
However, the Labour Court found his arguments unconvincing.
In its ruling, the court emphasised that a change in employment contract or position does not remove an employer’s authority to take disciplinary action for past misconduct.
The court further stated that Mkhwanazi failed to demonstrate that the disciplinary process would be unlawful or unfair, effectively clearing the way for the City of Ekurhuleni to proceed with its internal hearing.
The ruling marks a significant development in a case that has drawn public attention due to its alleged links to criminal networks and the misuse of municipal resources.
The disciplinary process will now continue, with attention turning to the outcome and its potential implications for accountability within law enforcement structures.
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]]>The post Nurse Wins R342,000 After Court Rules Her Dismissal Over HIV Medication Theft Was Unfair appeared first on MDNtv.
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Nontuthuzelo Thokozile Taioe, who had been a nurse since 2008 and earned more than R28,500 a month, was dismissed in July 2021. The allegations dated back to June 2018, when she was accused of stealing 11 boxes containing 69 bottles of Odimune, each holding 28 ARV tablets. It was also alleged that the supposed theft disrupted the department’s efficiency and deprived patients of their medication.
However, when the case was examined by the Labour Court, it became clear that there was no concrete evidence to support the accusations. No stock records were produced, no shortages were reported, and no pharmacy manager testified to confirm that any medication was missing.
Despite this lack of proof, Taioe had initially been found guilty at a disciplinary inquiry.
The case began when police raided a property in Bloemfontein and forced open a locked room in one of two houses located on the same fenced plot. The ARVs were found inside that room. Taioe lived in the other house with her husband, and the medication was not discovered in her personal living spaces.
A major point of contention was whether she had control over the locked room. Police said no one had a key, and entry had to be forced. Taioe’s son claimed colleagues of his mother had delivered the boxes, but he did not testify nor provide a statement, and the family said he was mentally challenged. The arbitrator relied on this hearsay without securing his testimony.
Even though the medication was not found in Taioe’s home, the arbitrator still ruled that she was guilty of theft and unlawful possession. It was also argued that she lacked remorse and that her employment relationship had broken down beyond repair.
On review, the Labour Court rejected this reasoning. Acting Judge Lindiwe Gura found that there was no evidence showing the medication belonged to the government facility or that it had ever been taken from the hospital. No losses were recorded, which meant the allegation of theft had no factual basis.
Judge Gura ruled that Taioe’s dismissal was unjust and ordered the health department to compensate her with 12 months’ salary, amounting to R342,000.
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]]>The post School Principal Loses Job After Making Sexual Advances Toward Volunteer appeared first on MDNtv.
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The incident occurred when the volunteer, who sometimes assisted the principal with administrative tasks, went to his office to help proofread some documents. After she finished, he asked her for a hug. She agreed, but during the hug, he squeezed her tightly enough for her to feel his erect body. He then tried to kiss her. When she refused, he told her that he would “settle for a baby kiss.”
The volunteer’s mother, who worked at the school, happened to see part of the incident through a window. Alarmed, she immediately went looking for her daughter, soon urging her to leave the school grounds. Later that day, she sent the principal a message warning that her daughter intended to open a sexual harassment case.
It was also alleged that the principal’s wife contacted the mother and offered to send “uncles” to pay damages for the incident—something typically associated with attempts to resolve disputes informally.
The principal denied wrongdoing. He claimed the volunteer initiated the hug, and said the accusations were fabricated by her mother, whom he accused of having made unwanted advances toward him in the past. He insisted that the school was busy on that day and argued that he would not have tried to kiss anyone under such circumstances.
However, evidence revealed that he had sent the mother an apologetic message after the incident. He later said the apology was simply for keeping her daughter at school past normal working hours.
When the matter went before an arbitrator, the volunteer and her mother were found to be more credible witnesses than the principal. The arbitrator also said that even if the principal’s version were true, accepting and participating in such physical contact with a much younger subordinate was inappropriate for someone in his position.
The Labour Court agreed, ruling that his dismissal was justified and that his behavior breached the standards expected of a school leader. His attempt to challenge the decision was dismissed, and the ruling confirming his dismissal stands.
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]]>The post Disabled Ex-Employee Loses Bid for Reinstatement Against Glencore appeared first on MDNtv.
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Moshe Kgatla joined Glencore Lydenburg Smelter as an electrical apprentice in 2014. In March 2015, he was seriously injured after jumping into a moving hot charge car — an incident outside his work area. He was found negligent and dismissed the following year.
Although the Commission for Conciliation, Mediation and Arbitration (CCMA) initially overturned his dismissal and replaced it with a final written warning, Glencore later terminated his learnership, saying his disability prevented him from continuing. He received a permanent disability payout.
Kgatla challenged the decision multiple times, returning to the CCMA in 2019 and later filing a review application in the Labour Court. But the court ruled that he failed to take the necessary steps to move his case forward, leading to it being archived and treated as dismissed.
Acting Judge Grace Mafa-Chali noted that Kgatla had the opportunity to have the matter set down for hearing but failed to act within the required six months.
As a result, his application for reinstatement has been denied.
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]]>The post Mine Worker Loses Labour Court Fight After Retrenchment appeared first on MDNtv.
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Maletsoko Masha worked as an Excavator Ripper Operator at Lwala Mine under Zizwe Opencast Mining. In 2022, when the mine announced closures affecting over 200 workers, Masha’s position was among those terminated. Although he was offered a temporary alternative role as an Excavator Bucket Operator at a reduced rate, he declined. Later, he attempted to accept the same role, but the company refused, saying he had already turned it down.
He pursued an unfair dismissal case through the Bargaining Council and later at the Commission for Conciliation, Mediation and Arbitration (CCMA). When the matter was not resolved, he was instructed to approach the Labour Court within 90 days, but his filing came months late.
Masha argued that delays at the Post Office and difficulties reaching his former employer contributed to the missed deadline. However, Acting Judge Hedda Schensema found that he had his employer’s email address and failed to provide convincing reasons for the lengthy delay.
The court dismissed his application, ruling that he did not show good cause for the late filing. Judge Schensema said the explanation lacked detail and was not acceptable under the circumstances.
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