Pretoria - The Department of Defence turned to the Labour Court to review its decision to give one of its financial clerks a final warning following a cash deficit of R40 000.
In this somewhat unusual move, the department wanted her fired. In turning down the review, a judge said “a new thinking” had developed where state departments asked the court to reverse its own decisions that they were not happy with. Judge Graham Moshoana said the Labour Court could not interfere with the disciplinary sanction.
Metse Patricia Masombuka was, and still is, employed by the department at Dunnottar as a senior accounting clerk in the finance department.
In February 2018, the chief accounting clerk performed a weekly inspection on a sub-account and discovered that there was a shortage of about R40 000. This shortage arose from cash that was collected or kept by Masombuka.
An investigation culminated in a disciplinary process. Masombuka faced allegations of mismanaging state finances, to which she pleaded guilty. The chairperson of the disciplinary process accepted the plea of guilt and imposed a sanction of a final written warning, and ordered Masombuka to repay the lost R40 081.80.
The department was unhappy with the sanction imposed by its own appointed chairperson as it felt that Masombuka should have been fired.
It was argued that a final written warning was inappropriate. It was said the chairperson ignored the aggravating circumstances and gave undue regard to the fact that Masombuka pleaded guilty and showed remorse.
Judge Moshoana questioned whether the state and its organs, in their capacities as employers, should enjoy what appeared to be a special privilege to approach this court to act as a disciplinary appeal body and to impose an appropriate sanction on their behalf.
He could not find that the chairperson of the disciplinary hearing was wrong in giving Masombuka a final warning as the disciplinary code for the public service made provision for this.
“The loss arose because of her negligent mismanagement, and not her dishonesty that was never alleged or proven,” the judge said in turning down the application.
Pretoria News