Two workers, implicated in a plot to kill their supervisor and were subsequently fired after being found guilty of gross misconduct, have turned to the Durban Labour Court in a bid to be reinstated.
Labour union Numsa took the matter to court on behalf of its members, after a commissioner during arbitration proceedings found their dismissals to be fair on the basis that fingers did point at them being involved in the plot.
Numsa was, however, late in its review application, which had meanwhile lapsed, and asked the court permission to reinstate the review.
The two employees denied that they wanted their supervisor dead or that they were involved in any plot to kill him.
After they were fired by their employer, they turned to arbitration proceedings, but the commissioner in that case confirmed their dismissals.
The supervisor, a Mr Mthungwa, testified during the arbitration proceedings, wearing a T-shirt bearing the words, “Can’t believe. Shot nine times and still alive”.
His evidence was that the applicants did not like him as he was very strict. He was shot by two men, one of whom he identified as a Mr Miya, one of the people who was fired, but who did not form part of these Labour Court proceedings.
The commissioner, during the arbitration proceedings, noted that the applicants all had issues with Mthungwa arising from a poor relationship with him in the workplace and this provided the motive for the events.
A witness, called in support of Mthungwa’s case, implicated one of the applicants, Phumlani Khumalo, as being part of the shooting plot.
He testified that when Khumalo was told the day after the shooting that Mthungwa had been shot the night before, Khumalo’s response was “to express pleasure in the fact that Mthungwa had been shot”.
The court also heard that Khumalo praised the shooter and in so doing, mentioned the shooter’s name.
The commissioner, whose verdict the Labour Court accepted, earlier commented that given that Mthungwa was recovering in hospital at the time, the only possible reason Khumalo would have known who one of the shooters was, was because he had prior knowledge of the plot to kill Mthungwa.
The court was also told there were people in the workplace who wanted to poison Mthungwa.
Mthungwa testified that his wife had told him prior to the shooting that she was afraid that he would be poisoned by people at work.
Khumalo, who alongside his colleague denied any knowledge of the murder plot, said the fact that he took Mthungwa to hospital after the shooting, is an indication of his innocence rather than his involvement in the plot. But the Labour Court said nothing arises from this challenge.
Acting Judge MG Maeso said the commissioner’s findings during the arbitration proceedings that the two applicants were involved in the attempt to shoot Mthungwa, were reasonable and arose from the evidence placed before him.
“Nicholus Khumalo and Phumlani Khumalo were charged with gross misconduct arising from their involvement in a plan to kill the supervisor, Mr Mthungwa.
“It was further alleged that the involvement led to a serious breakdown of the employment relationship.”
“The findings made by the commissioner in respect of Nicholus Khumalo and Phumlani Khumalo’s involvement in the attempt to shoot Mr Mthungwa are reasonable and arise from the evidence placed before him,” Judge Maeso said.
In turning down their application to reinstate the review application, the judge said there were no prospects of the pair being reinstated in their jobs if he did allow the review to go ahead.
Pretoria News
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