No return to work for clerk despite winning unfair dismissal case

The Bushbuckridge local municipality has disobeyed the Government Bargaining Council order by refusing to reinstate an employee vindicated in a R500 000 corruption case.

About two weeks ago, Tumelo Mohlala, a licensing clerk at the Vehicle Licensing and Registration Authority in the Bushbuckridge municipality, won the case.

Bargaining council ruled Mohlala unfairly dismissed over missing R547k

The Bargaining Council ordered the municipality to reinstate him on 25 May.

The Citizen has seen a letter that the municipal manager, Jasper Ngobeni, sent to Mohlala, instructing him not to return to work.

“We acknowledge receipt of your letter herein and wish to advise that the municipality is in the process of taking this award for review.

“You are further advised not to report for duty as indicated in your letter pending the review process.”

According to Section 145 (7) and 145 (8) of the Labour Relations Act, if an employer is applying for a review or intends to do so, the council award remains because the review application does not automatically suspend the award’s operation, including orders for reinstatement or compensation.

The council outcome remains enforceable unless the employer obtains a Labour Court order to stop the employee returning to work.

Municipality tells Mohlala to stay home despite ruling

Yesterday, Mohlala said he was looking forward to return to work since there is no court order to stop him.

The Bargaining Council also ruled that the municipality backpay Mohlala more than R200 000 for the salaries he missed as a result of the unfair dismissal.

Mohlala was dismissed on 19 September last year, after being found guilty of 14 charges of misconduct relating to dishonesty after being linked to the corruption, whereby transactions were made by NaTIS users.

But the collected revenue of R547 482.42 was not accounted for, or deposited into the relevant bank account.

The alleged misconduct took place between February and July 2023.

“I challenged my dismissal because I knew I was innocent and I represented myself as I am a law graduate. I was unfairly dismissed simply because my supervisor never liked me,” said Mohlala.

Misconduct between February and July 2023

“I did not do anything wrong, but they rushed to dismiss me without conducting a proper investigation.

“I was dismissed together with three colleagues.”

Mohlala said the supervisor started to ill-treat him when he was working under him in the Mhala offices, also in Bushbuckridge.

He moved to Mapulaneng offices, also in Bushbuckridge, but then the same manager got a job at those offices and started mistreating him again.

“It’s a pity that there are so many people who have been charged and found guilty of things they did not do.

“And once you find yourself in that situation, employers will never look at you again.”

Bargaining council said dismissal happened without enough evidence

Government Bargaining Council commissioner Amos Mthimunye said Mohlala was dismissed without enough evidence against him.

“I hereby order the respondent to backpay the applicant a total amount of R213 265.43 as salary from the date of his dismissal, that is 19 September, 2025, at a rate of pay of R30 466.49 per month.

“I hereby order the respondent to comply with the order by no later than 25 May. “In the event that the respondent does not comply, the applicant can invoke provisions of Section 145 of the Labour Relations Act to enforce this award.”

The municipality did not respond to the questions sent to it.