Dismissal of EMLM workers ruled ‘unfair’

The SA Local Government Bargaining Council has declared the dismissal of seven Enoch Mgijima Local Municipality (EMLM) employees on January 4 2023 as procedurally and substantively unfair.

Siphelo Ndabeni, Zamikhaya Bavuma, Luthando Coba, Siphesihle Kota, Lundi Nontombana, Siphamandla Nodolo and Mongezi Madubedube, who were street cleaners and refuse collectors, were dismissed for unauthorised absenteeism in December 2022.

At the arbitration on August 25 at the municipal offices, the employees were represented by Independent Municipal and Allied Trade Union (Imatu) official Likhaya Mangali.

The employees argued that they were dismissed without being given any reason and later learnt that their dismissal was due to not showing up for work for some days in December.

They argued that other absent workers were not fired.

They claimed that they were dismissed without being called to a disciplinary hearing.

The applicants argued that their dismissal was first communicated in public by the EMLM executive mayor Madoda Papiyana during an event at the Thobi Kula Indoor Sport Centre before they were officially dismissed.

In January this year, The Rep reported that Papiyana speaking at the Moral Regeneration Movement’s back to school campaign, said they wanted to adopt a culture of doing what they had been appointed for.

“The culture of people not working is going to come to an end. In December we released 20 workers who were asked to clean the town.

“It had been their culture to not clean the town. They are no longer working for the municipality. We have changed the gear,” he said.

According to the award, the municipality is ordered to reinstate all the seven applicants with effect from January 4 2023.

“As a result of re-instatement the respondent is ordered to pay each of the seven applicants an amount of R34,460.40, minus any such deductions the respondent is supposed to make in terms of the law, by no later than September 30 2023.

“The applicants are to report for duty in the respondents premises by no later than September 8 2023 and if it’ sa later date by no later than five days after receipt of this award.”

According to a source within the municipality the employees had not yet started working as their supervisor claims that he had not received any instruction to reinstate them.