In the latest ruling, the Johannesburg Labour Court said Minister Mmamoloko Kubayi had adopted 'a deplorable and gung-ho posture' in dismissing Nelly Letsholonyane.
Nelly Letsholonyane, the Department of Human Settlements deputy director, who was fired by Minister Mmamoloko Kubayi after the minister got stuck in the lift for an hour, is back at work.
He then denied Kubayi’s application for leave to appeal, saying Letsholonyane had not been subjected to the prescribed disciplinary procedures.The minister has now petitioned the Labour Appeal Court for permission to appeal. “The applicant alleges that the exceptional circumstances arise from the judgment of Makhura to the extent that her dismissal was found to be in breach of her employment contract and the SMS [Senior Management Service] Handbook and was thus unlawful,” Judge Tlhotlhalemaje said.
“Without being bogged down with the merits or otherwise of the reasons for the dismissal, the respondent clearly adopted a deplorable and gung-ho posture in dismissing the applicant, irrespective of the nature of the trauma the minister may have endured whilst stuck in the elevator,” he said.
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