Unionist fired for intimidation

A UNION shop steward at a public TVET college has been fired for intimidating a colleague to attend a meeting.

Stanley Ngoako Moshobane, who was a lecturer and a National Education, Health and Allied Workers' Union (Nehawu) shop steward at Westcol TVET College, was also found guilty of forcing staff to attend a meeting not authorised by management.

The Department of Higher Education and Training dismissed Moshobane on October 29, 2020, from his job as a business studies lecturer at Westcol’s Randfontein campus.

Moshobane turned to the Education Labour Relations Council to appeal against the dismissal. But arbitrator Coen Havenga ruled last week that his dismissal was substantively fair.

Chantal Labuschagne, the colleague Moshobane was found to have intimidated, testified that he stormed into the administration office and slammed on the doors and tables, shouting that she should stop working because there is a strike by part-time lecturers, she testified.

Moshobane was aggressive and loud, and she found his behaviour abnormal for a lecturer, she testified.

Labuschagne said she was traumatised and suffered emotional shock. She did not seek medical treatment but relied on prayer to cope.

Labuschagne reported the encounter to acting campus manager Mandi de Klerk afterwards. De Klerk testified in the arbitration hearing too, saying that management was not aware of any authorised staff meeting that day.

Moshobane did not have the authority to arrange staff meetings or to disrupt learning, she testified.

She said Moshobane prejudiced students because there was no justification for the interruption of learning.

Moshobane denied the charges. He confirmed telling Labuschagne about the meeting, but rejected her submissions that he acted to intimidate her.

He testified that he did not recall slamming doors and tables. Moshobane conceded that he spoke in a loud voice to Labuschagne, but said this was intended to convey the message.

No one was forced to attend the meeting and there were no students at the college that day, he said.

Alina Mienie and Bongani Mabanga testified in Moshobane’s favour. Mienie, who shared an office with Labuschagne, said Moshobane knocked on the door and did not bang it. Both Mienie and Mabanga conceded that Moshobane used a loud voice, but Mabanga said this was because they were in a hurry to get to the meeting.

Havenga said he was satisfied that the department proved on a balance of probabilities that Moshobane did commit the misconduct he was found guilty of. “Labuschagne testified in a clear and consistent manner. The applicant (Moshobane) conceded that he raised his voice. I reject his version that he did so to get his message across.

“Mienie testified that he knocked on the door. I find no logical reason why he would have knocked and find it more probable that he indeed banged on the door as Labuschagne testified.

“I can find no probable reason why Labuschagne would fabricate evidence against the applicant. The applicant could also not provide any substance to such allegations,” Havenga added.

On the charge of forcing colleagues to attend a meeting, Havenga said: “The improper conduct of the applicant relates to a callous disregard for established best practice policies and procedures.

“I therefore find the sanction of dismissal fair and appropriate.”

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