Dismissed Nkonyeni bar manager demands E100k

MBABANE – A dismissed bar manager of Nkonyeni Golf Club House, who was allegedly found drunk and asleep in a storeroom with empty and half empty bottles next to him says his accusers failed to test him for drunkenness.

Samuel Mkhaliphi is demanding E100 000 from his former employer as compensation for unfair dismissal. His matter is pending at the Industrial Court.

In his closing submissions, Mkhaliphi submitted that he was wrongly charged because he had knocked off from work but was called back to open the storeroom.

He also said he asked those who accused him of being drunk to use a breathalyser on him or they should take him to a doctor to take blood samples for testing purposes.

Mkhaliphi alleged that his accusers did none of the two and ‘as such they failed to come with any conclusive proof that he was drunk’.

On the charge of stealing a colleague’s cellphone, Mkhaliphi submitted that no cellphone was found in his possession. He said this charge was not proved.

Mkhaliphi said two witnesses were paraded by the employer. He alleged that the witnesses’ evidence was at variance with each other. Instead of the witnesses corroborating one another, according to Mkhaliphi, their evidence caused a lot of confusion to the whole case.

He told the court that the first witness to testify was one Mandla Kunene, who said while at work in 2013, he noticed that one of his barmen could not be located and went to search for him.

He said he found that Mkhaliphi had locked himself in the storeroom and was drunk. He stated that he was accompanied by one Lucky Mngometulu, who was the Head of Security.

The witness stated that Mkhaliphi was dead drunk and sleeping on top of empty alcohol containers. He further stated that he could hardly stand. He added that when the head of security tried to take photos of him, he (Mkhaliphi) grabbed the cellphone.

“Such is quite surprising because the witness stated that the applicant could hardly stand. Another quite surprising evidence is that the phone could not be located from the applicant, who was said to be dead drunk and could hardly stand. The said Leonard Mngometulu was never called as a witness to corroborate the evidence of Mandla Kunene,” said Mkhaliphi.

He also stated that the evidence of Stefan Lourens, the Financial Director, was largely based on hearsay as all he testified about, he had been told by Kunene. “He did state under cross-examination that he was not within the company premises when the incident happened,” he added. Mkhaliphi was found guilty at a disciplinary hearing and his services were terminated. He appealed the decision to terminate his services. On appeal, his dismissal was found to be fair and procedural.

The former bar manager reported a dispute at the Conciliation, Mediation and Arbitration Commission (CMAC) and the parties failed to reach an agreement during conciliation. His former employer maintained that he was fairly dismissed.

A certificate of unresolved dispute was issued. He wants to be compensated in the amount of E108 386.32.

Mkhaliphi filed an application for determination of an unresolved dispute in the Industrial Court.According to the ruling of the appeal hearing of June 12, 2013, charges against Mkhaliphi were preferred after he was allegedly found helping himself to company stock during working hours and further stealing Mngometulu’s cellphone. He allegedly claimed to own the cellphone and only handed it to Mngometulu after police were called.

He denied the charges. Mkhaliphi submitted that his services were terminated unlawfully and that he was found guilty unlawfully. “The applicant states that the dismissal was unlawful and substantiated that he was found guilty for alleged misconduct, which was not proved correctly on a balance of probabilities, with weak evidence in support of the respondent’s case. The respondent (Nkonyeni Golf Club House) did not prove at the disciplinary hearing that all the circumstances having correctly considered it was fair to terminate the applicant’s contact,” Mkhaliphi submitted.

In his application, he stated that he was employed permanently in December 2006 and a year later he was promoted to the position of bar manager which he held until he was dismissed. He alleged that he also performed storeroom duties and for that he seeks compensation in the sum of E27 126.

He accused his former employer of fraudulently withholding money due to him for performing storeroom duties. He also claims an amount of E37 332 for underpayment.

Mkhaliphi also wants to be paid E40 800 as payment for long service. He was allegedly employed for a period of six years.

In the letter of July 1, 2013 written by the managing director (MD) terminating Mkhaliphi’s services, the MD wrote that it was his view that all procedures were followed correctly in handling the case.

The MD said he agreed with the recommendations of the chairman of the disciplinary and appeal hearings. The matter is pending before court.