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Court awards dismissed cashier over E15 000
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A woman, who was employed as Cashier at Interpark Swaziland (Pty) Limited, has been awarded over E15 000 as compensation for unfair dismissal.
Thobile Zwane, who was employed on June 1, 2002, was dismissed on February 21, 2006 for alleged fraud.
Industrial Court President Sifiso Nsibande said it did not appear on the face of the warning that Zwane received any notice of her right to challenge the validity of the final written warning nor was the evidence that she was advised of this right when the warning was given to her.
The judge said the final written warning cannot be valid.
recommendation
“It is our view that if the Chairman of the Disciplinary Hearing had known about the invalidity of the final written warning its recommendation that the applicant (Zwane) be suspended would have been carried the day,” he said.
Justice Nsibande said the company’s refusal to allow Zwane to see the audit roll prior to the hearing hampered her preparations for the hearing.
“This is more so since there was no explanation why the audit roll could not have been made available to the applicant earlier, despite her written request. Her letter was simply ignored,” he said.
The court found that Zwane’s dismissal was procedurally unfair.
Zwane, who told the court that she did not wish to be reinstated, was awarded E15 953.84.
She was represented by Caleb Motsa while Lindelwa Mngomezulu defended the company.
Thobile Zwane, who was employed on June 1, 2002, was dismissed on February 21, 2006 for alleged fraud.
Industrial Court President Sifiso Nsibande said it did not appear on the face of the warning that Zwane received any notice of her right to challenge the validity of the final written warning nor was the evidence that she was advised of this right when the warning was given to her.
The judge said the final written warning cannot be valid.
recommendation
“It is our view that if the Chairman of the Disciplinary Hearing had known about the invalidity of the final written warning its recommendation that the applicant (Zwane) be suspended would have been carried the day,” he said.
Justice Nsibande said the company’s refusal to allow Zwane to see the audit roll prior to the hearing hampered her preparations for the hearing.
“This is more so since there was no explanation why the audit roll could not have been made available to the applicant earlier, despite her written request. Her letter was simply ignored,” he said.
The court found that Zwane’s dismissal was procedurally unfair.
Zwane, who told the court that she did not wish to be reinstated, was awarded E15 953.84.
She was represented by Caleb Motsa while Lindelwa Mngomezulu defended the company.
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