A Standard Bank employee, Tsholo Mabule, is fighting to keep her job after the Labour Court in Johannesburg set aside an arbitration award which allowed her to walk away with R120,000 compensation.
Mabule worked for the financial institution as a customer consultant in Zeerust, North West since February 1995.
A 73-year-old widow, Senna, approached the Zeerust branch in September 2017 with a letter of executorship with the aim of opening a late estate account because her late husband had an investment account and she wanted her late husband’s estate to be transferred to her account.
When she arrived at the branch, Mabule told Senna that the letter she had was not an original letter and she must provide an original one.
Senna then obtained the original letter and went back to the branch and Mabule told her she could not assist her because she had not secured an appointment.
She told Senna that she must make an appointment for November 2017 and she must not be late even by one minute, otherwise her appointment would be moved to December 2017.
Senna was unhappy with the outcome because she travelled 50 kilometres to the branch and was turned away for the second time.
Senna subsequently lodged a complaint with Standard Bank and was issued with a notice of suspension in November 2017 and a subsequently notice to attend a disciplinary hearing on March 2018.
At the conclusion of the disciplinary hearing, Mabule was found guilty of all the charges and a sanction of dismissal was imposed.
Unwilling to accept defeat, Mabule launched a review application at the Commission for Conciliation, Mediation, and Arbitration (CCMA) and Joseph Rankgale Modise presided over the matter.
At the CCMA, Senna was not present and Standard Bank made an application to have the transcripts of the disciplinary hearing admitted as part of the evidence on the grounds that it was impractical for Senna, who was now 78 years old and bedridden, to physically come and testify.
The bank further added that no prejudice could be suffered by Mabule should the transcript be admitted into evidence because she already had the opportunity to cross-examine Senna.
While testifying in support of her case, Mabule denied mistreating Senna and maintained that she informed her that she was required to make an appointment for purposes of opening an estate late account.
After the matter was heard, Modise ruled that Mabule was substantively unfairly dismissed and ordered Standard Bank to pay her R120,000 in compensation before July 31, 2021.
Unhappy with the outcome, Mabule approached the labour court seeking an order setting aside Modise’s ruling and she also wanted to be reinstated with a full back pay from April 2018.
At the labour court, the judge said the question was whether Modise was able to reach an appropriate ruling without the testimony of Senna who was the main witness in the internal disciplinary hearing.
The court also said it will not entertain the issue of compensation awarded by Modise as it was of the view that he could not have reached to an appropriate ruling with the testimony of Senna excluded in totality.
As a result, Modise’s award was set aside and the matter was referred back to the CCMA for a new hearing before a different commissioner.
sinenhlanhla.masilela@iol.co.za
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