Redeployment cost me E36 000 in monthly earnings - Ndvuna
MBABANE – Former Clerk to Parliament Ndvuna Dlamini says his redeployment to the Ministry of Agriculture costs him a loss of E36 000 in his monthly earnings.
Ndvuna, who is now the Under Secretary-Technical in the Ministry of Agriculture, alleged that his gross remuneration drastically dropped from E86 000 to about E50 000, which was a loss of E36 000 per month.
He alleged that after being redeployed, in the first month he was paid the same amount as when he was still clerk to Parliament, but the money was allegedly reversed quickly.
He complained about the less favourable conditions at the Ministry of Agriculture and took the matter to the Labour commissioner and the issue in dispute was his purported adverse transfer from clerk to Parliament to under secretary-technical in the Ministry of Agriculture. The Labour Commissioner’s decision was that, in seeking to establish an entitlement to the parliamentary benefits in his new workstation as under secretary, Ndvuna had strayed into the realm of a dispute of interest.
Jurisdiction
The Labour commissioner said in that case, he did not have jurisdiction to entertain the dispute within the ambit of Section 26 of the Employment Act.
The Labour commissioner also found that Ndvuna’s claim to be paid all the benefits and to be afforded all the privileges of clerk to Parliament while serving in the Ministry of Agriculture as principal secretary-technical remained unsubstantiated and unconscionable in the absence of a clear opposition and attempts to set aside the employer’s decision of the redeployment.
The Labour commissioner also stated that Ndvuna had not succeeded in establishing a right to the benefit and allowances he was earning while serving as clerk to Parliament beyond his initial contract of employment.
Ndvuna has since taken the matter to the Industrial Court. He is seeking an order reviewing, correcting and setting aside the decision of the Labour commissioner in favour of the Parliamentary Service Board (PSB), Chairman of the Civil Service Commission (CSC) and government as per his report issued on April 20, 2021.
He wants the court to replace the decision of the Labour commissioner with a decision upholding his Section 26 of the Employment Act of 1980 challenge and he applied that the respondents (PSB, Mamba, government, Labour commissioner and Clerk to Parliament Benedict Xaba) should pay costs of the matter. Ndvuna further applied that the Labour commissioner be directed to dispatch forthwith to the registrar of the court the record of proceedings, whose decision he wants to be corrected.
Ndvuna is represented by Sabela Dlamini of Magagula and Hlophe Attorneys. The respondents are represented by Principal Crown Counsel Ndabenhle Dlamini and they have filed a notice of intention to oppose the application. They are yet to state their reasons in a comprehensive affidavit.
Ndvuna narrated to the court that he was called to a brief meeting on October 14, 2021, with the PSB during which he was served with a CSC letter of the same date purporting to transfer him to the Ministry of Agriculture.
He alleged that there was no consultation prior to the transfer nor was there compliance with Section 26 (1) of the Employment Act. He submitted that the section obliged the PSB to notify him of any changes to his terms and conditions of employment in writing. The veracity of these allegations is still to be tested in court.
Ndvuna told the court that when he was redeployed, statutory provisions were allegedly violated in that Section 11 of the Parliament Service Act 6/2015 provided that the clerk to Parliament may be removed from office by the Board for misbehaviour, insubordination or under performance or for any other just cause following the recommendation of an ad hoc disciplinary committee to be chaired by a magistrate and consisting of any other two persons.
Transfer
He also mentioned that Section 25(2) of the Public Service Act 5/2018, stipulated that an officer shall not, upon transfer, suffer any reduction in salary or scale of salary of the officer without the consent of the officer unless the transfer is in consequence of the disciplinary proceedings or legitimate adjustment of the salary of that officer.
Ndvuna said he was not satisfied with the transfer and for a period of two weeks after receiving the letter of transfer, he made various efforts to broker an amicable resolution of the matter but they were all in vain.
He said on October 26, 2021, he instructed his attorneys to write a letter of demand to the PSB but ‘it was not moved by the said letter of demand’.
He submitted that he then initiated a Section 26 of the Employment Act, 1980 challenge, pointing out that his transfer from clerk to Parliament to under secretary in the Ministry of Agriculture resulted in less favourable terms and conditions.
He pointed out that the CSC letter of transfer purported to deprive him of the lucrative benefits he enjoyed as the clerk to Parliament such as special duty allowance, commuted car allowance, entertainment allowance recruitment and retention allowance.