Times of Eswatini

FROM THE HIGH COURT, Suspended ESRIC officer earns over

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MBABANE – Eswatini Royal Insurance Corporatio­n (ESRIC) has accused its group life and pension officer, who was suspended in October 2019, and SUFIAW of frustratin­g the former’s disciplina­ry hearing, resulting in her being paid over E1 million to date.

7he Human 5esources and Administra­tion 0anager of the corporatio­n Carol 0uir said as a result of the alleged frustratio­n of Irene Nxumalo¶s hearing purportedl­y by the Swa]iland Union of Fi nancial Institutio­ns and Allied WorNers (SUFIAW) and herself she has been paid ( while sitting at home. Nxumalo is said to earn a monthly salary of ( . She has been on suspension with pay for almost three and a half years.

0uir said the matter involving Nxumalo¶s disciplina­ry hearing had a long protracted and cheTuered history and she reTuested the High Court to carefully looN into it with a view of assessing whether she (Nxumalo) and SUFIAW were litigating in good or bad faith.

She said the court should also looN into whether their intention was stultifyin­g the internal dis ciplinary hearing which had been instituted by the employer reasonably and in exercise of its prerogativ­e to discipline its employee.

0uir stated that Nxumalo who was charged with fraud had been found by the Industrial Court previously to be abusing the court processes and deliberate­ly delaying the of the disciplina­ry hearing by employing a systematic method of endless litigation.

Nxumalo according to 0uir was suspended from employment sometime in 2ctober on full pay. She said she was charged and invited to the first sitting of her disciplina­ry hearing in November three years and five months ago. 7he disciplina­ry hearing has still not been finalised according to 0uir solely because Nxumalo worNing together with the trade union were allegedly continuous­ly and systematic­ally frustratin­g its finalisati­on.

“Nxumalo and SUFIAW have filed and litigat ed more than six times by now and this present applicatio­n is another stratagem of trying to stop a sitting of the disciplina­ry hearing which was scheduled to start last 7hursday at am ´ said 0uir.

She was responding to an urgent applicatio­n that was filed by Nxumalo at the High Court last Wednesday. Nxumalo wants the court to interdict her disciplina­ry hearing pending finalisati­on of her applicatio­n to review and set aside the order that was issued by the Industrial Court on February .

Alternativ­ely she wants the chairman of the hearing to be removed from the matter. 7he Mudgment she seeNs to review was issued by -udge %anele Ngcamphala­la.

Nxumalo told the court that she was still employed and her rights and obligation­s as an employee were still intact and warranted that she immediatel­y sought protection from the court in the event of any unlawful violation of her rights at the hearing.

She alleged that her hearing was unlawful and unfair hence her decision to approach the court on an urgent basis to seeN protection of her employment and to seeN further protection against being through µan obviously sham and fait accompli of a disciplina­ry process¶.

Nxumalo also alleged that the human resources and administra­tion manager had unilateral­ly deviated from the code and implementi­ng same while negotiatio­ns were still ongoing between SUFIAW and the insurance corporatio­n.

She argued that the court was enMoined to intervene in the hearing on the basis that the purported unilateral deviation from a binding collective agreement was tainted with gross unfairness and unfair labour practices constitut ing exceptiona­l circumstan­ces which warranted interventi­on by the court.

“7he denial of my basic procedural rights at the hearing through appointing an external chairperso­n is the cause of action herein. It is unlawful and if allowed to prevail it will continue to affect my guaranteed rights to a fair disciplina­ry hearing as an employee whose employment with first respondent (corporatio­n) still subsists hence I am enMoined to approach the court on an urgent basis to seeN the reliefs herein.

“7he subMect matter for this applicatio­n is still very much alive and its nature is simply to promote unfairness preMudicia­l against me in the form deviating from the disciplina­ry code and unilateral­ly implementi­ng or appointing sixth respondent as chairperso­n failure misdirecti­on of the law or facts in that the first applicant (SUFI AW) sought the recusal of the chairperso­n whereas it was an obMection on the appointmen­t of an external chairperso­n which was a deviation from the binding collective and disciplina­ry code which promotes negotiatio­ns and reaching a consensus prior to implementi­ng a rule that deviates from the disciplina­ry code ´ said Nxumalo.

Disciplina­ry

She submitted that the hearing as it stood was unlawful and initiated a disciplina­ry action which was irregular a sham and a fait accompli presided over by a chairperso­n who was tainted and external as such was against the disciplina­ry code.

She said the correction of the alleged unlawful ness of the hearing could only be made by the court not C0AC as the latter did not have Murisdicti­on to issue orders for stay.

“I humbly seeN to protect my employment now prior to being unfairly and unlawfully dismissed by the respondent­s already acting in concert in frustratin­g my rights at the hearing. I submit that I will not be afforded any substantia­l redress in due

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 ?? (Internet) ?? Eswatini Royal Insurance Corporatio­n building in Mbabane. The corporatio­n is accusing its suspended employee and SUFIAW of frustratin­g a disciplina­ry hearing.
(Internet) Eswatini Royal Insurance Corporatio­n building in Mbabane. The corporatio­n is accusing its suspended employee and SUFIAW of frustratin­g a disciplina­ry hearing.

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