The Fetakgomo-Tubatse local municipality in Limpopo is heading to the Labour Court to challenge an order by the Commission for Conciliation, Mediation and Arbitration (CCMA) in favour of the expelled Director for Corporate Services. The CCMA recently ordered that Isaac Phasha who was dismissed from his position as the Director for Corporate Services last year be reinstated.
Phasha’s contract was terminated as a result of two charges of misconduct leveled against him, including alleged irregularities in his appointment.
The council terminated Phasha’s contract due to alleged irregularities in his appointment, alleging that his appointment was unlawful because he failed to meet the deadline for submission of the application for the position. After the termination of his contract, Phasha challenged his expulsion at the CCMA, which ruled in his favour.
Municipality spokesperson Thabiso Mokoena says they want the Labour Court to review the CCMA’s decision.
Mokoena says, “The council has sat down and deliberated on this matter and the decision is that we will be approaching the Labour court to review the case. Obviously there would be financial implications but for now because we are not implementing the decision or the outcome of the CCMA there won’t be any financial implications. But as we are saying we are taking the matter to the Labour court and then we will take it from there.”
Labour Law expert, Advocate Ndivhuwo Tshisevhe says the municipality is entitled to challenge the matter in the Labour court within six weeks.
Tshisevhe says, “If the employer does not want to implement the award he either goes to the Labour court file for a review and the same should be done within a period of six weeks from the date in which he received it.”
Phasha refused to comment on the matter because he wants to give the municipality time to decide on his future.
Meanwhile, the Manager for Corporate Services at the Ephraim Mogale local municipality has been dismissed for the alleged irregular appointment of a Chief Internal Auditor, in Mogalakwena, also in Limpopo. The Manager for Corporate Services was suspended for the alleged irregular appointment of 400 municipal workers.