FORMER CEO of the Johannesburg Roads Agency (JRA) Tshepo Mahanuke has lashed out at his former employer after the agency failed to adhere to a ruling by the Bargaining Council ordering the JRA to compensate Mahanuke for unfair dismissal.
In February, the South African Local Government Bargaining Council (SALGBC) found that the Johannesburg Roads Agency had failed to prove there “was a fair reason for Mahanuke's dismissal and that the dismissal was preceded by a fair procedure allegations that its CEO falsified information in his job application.”
Mahanuke was fired in June 2023 after he was suspended in November 2022, when the JRA alleged that he had faked his qualifications
After many months of cross-examinations by the arbitrator, the Bargaining Council found that the agency had failed to prove that there “was a fair reason for the Mahanuke's dismissal and that the dismissal was preceded by a fair procedure allegations that its CEO falsified information in his job application.”
The arbitrator ordered JRA to pay Mahanuke more than R2 million in compensation on or before March 13, 2023, however, the agency failed to adhere to the order nor did it make any intention for a review.
Mahanuke said: “As you know, the state funds are not cared for… there is no concern for them in following the court orders or even care about the consequences thereof…
“You may be aware that the matter bears fruitless expenditure, yet there is no priority to such a matter even after the outcome of the award cautioned them on the processes but they still don’t uphold any responsibility or accountability. But then again, I don’t blame them… if the accounting officer doesn’t even have a valid matric certificate or a degree, yet he is said to be in the position of MBA without prerequisites… why should I expect them to uphold ethics.”
The JRA did not respond to questions by the time of publication.
Giving context to what led to the arbitration award in favour of Mahanuke, the Bargaining Council stated that the former chairperson of the JRA Board, Charles Cilliers, testified that when Mahanuke was placed on suspension by the previous board, charges were formulated and disciplinary processes initiated, however, when Cilliers became the chair of the new Board, he cancelled the disciplinary process and fired Mahanuke.
“Cilliers stated that the Board felt that it was being frustrated by the applicant (Mahanuke) and that public funds were being abused because an acting CEO had been appointed at the JRA. Cilliers stated that ‘the Board realised that this is a labour matter and, since the applicant was not happy with the disciplinary hearing, we decided to dispense with the disciplinary hearing and let the applicant have an opportunity to state his case’.
“The applicant (JRA) was then requested to provide a written response or address the Board to provide his version so that we could decide whether to terminate the employment relationship or not.’ The applicant was also told that, if he failed to make representations, the Board would conclude the matter and terminate the employment relationship. The applicant made written representations on 29 May 2023 in which he stated that he had already pleaded not guilty and denied that he was guilty of the alleged misconduct,” read the Arbitration Award.
According to the Arbitrator, Cilliers told the Bargaining Council that Mahanuke's representations ‘just denied the misconduct without putting a version’ to back it up“.
On June 9, 2023, the JRA terminated the employment relationship with the applicant and he was given 7 days to appeal which Mahanuke complied but the Board took a decision to dismiss the appeal.
On allegations of faking his Ph.D. the Bargaining Council stated that in his CV, Mahanuke agreed that he was not a medical doctor, but rightfully stated that he does have an Honorary Doctorate.
In the ruling, the Arbitrator said when the JRA cancelled Mahanuke’s disciplinary hearing, it failed to afford Mahanuke a right to a fair process.
“There is no provision in the Collective Agreement allowing for a disciplinary process to be followed by way of written submissions, and there is certainly no provision in the Collective Agreement allowing the Board of a Municipal entity (such as the JRA) to take the place of the appointed chairperson/Presiding Officer of an employee's disciplinary hearing.
“Having regard to the foregoing, and given that the respondent completely disregarded the SALGBC Disciplinary Procedure Collective Agreement when the JRA Board cancelled the applicant's disciplinary hearing, it is plain that the applicant's dismissal was procedurally unfair.
“The respondent, Johannesburg Roads Agency, is ordered to pay to the applicant, Tshepo Mahanuke, compensation in the amount of R2 035 873.76, being the equivalent of 8 months' remuneration calculated,” ruled Senior Arbitrator Timothy Boyce.
thabo.makwakwa@inl.co.za