Tuesday, 02 August 2011

Labour court challenge mounts

Allegations of ‘misconduct’ are completely unfounded and subsequent suspensions must be uplifted immediately. So says the legal team representing uThungulu District Municipal Manager, BB Biyela and Executive Director: Corporate Services, Krishen Moodley, who were both handed precautionary suspension notices last month. This after a full Council sitting sanctioned an investigation into alleged ‘acts of misconduct’ during measurement of performance results last month for the Municipal Manager and Section 57 Managers for the 2010/11 financial year. Last week, the District Council resolved that it would proceed with disciplinary action against the two managers after findings of the investigation were presented to Council on Thursday. ‘The investigation is over and thorough,’ said District Mayor, Thembeka Mchunu. ‘We will proceed with the disciplinary process and will try to fast track everything. ‘The investigation was completed in time and we want to do the same with the hearing. ‘We don’t want the matter to be dragged for three months,’ said Mchunu. However, Attorney Roy Monk of Livingston Leandy Inc representing both Biyela and Moodley, told the Zululand Observer that they are preparing papers to go to the Labour Court. ‘Allegations of misconduct are completed unfounded and denied,’ said Monk. ‘If the Council says, there is misconduct, then they do not understand their own procedures. ‘We have told the municipality that the suspensions should be lifted,’ added Monk. The investigation, according to Council, reportedly looked into ‘two fundamental flaws’ that were allegedly made before the elections. These included the appointments of the Director: Technical Services and Chief Financial Officer. Council said it was incorrect to appoint any Senior Manager just before the election without the approval of Council and questioned why the fixed term contract of five years was reportedly changed to be permanent. However, Biyela and Moodley, through their attorney, contend that there is nothing in the law which prohibits the appointment of Senior Managers at any stage. ‘Why shouldn’t there be appointments if there are vacancies, which ultimately affect service delivery? ‘There is a process by which Senior Managers are appointed and that process was followed by officials as per the previous Council’s resolution,’ said Monk.