Tshabalala kicks for touch as Msinto is barred from returning to work

Staff reporter

Bloemfontein – The Department of Community Safety, Roads and Transport (CSRT) is in the spot again not for awarding a pothole patching tender to the Central University of Technology but for delaying tactics.

This was after the bargaining council commissioner ordered the reinstatement of dismissed employee Lawrance Msinto with back pay.

Bargaining Council ordered Community Safety to reinstate employees with back pay

Expected to return to work, Msinto’s Union POPCRU received a letter from Dr Masego Tshabalala, Head of Department at CSRT informing them that he should not return to work as they are taking the matter to labour court.

The letter in possession of this publication addressed to T. Lefalatsa reads:

“The department has taken note of the outcome of the above-mentioned and has decided to take it ration award on review in terms of section 145 of Labor Relations Act 66 of 1965

You are therefore requested to inform Mr. Rankele Msinto not to report for work until the Labor Court has finalized its processes concerning issues that will be put in front of it.

The office of the state attorney will communicate with your office concerning the review application.”

A Labour law expect expressed her view as follows.

“Arbiters are trained and qualified LR people themselves. To arrive at a determination, they consider all facts and the law itself. It would be very odd to find an Arbiter who decides on whims and feelings or even magic.

An arbitration process itself is not like a quick drive through Mc Donald to quickly order a burger, chips and fizzy drink.

Facts are placed, evidence scrutinized and legal arguments made.

An incredible time is spent considerably on detail. An Arbiter who’ll make decisions simply on whims and innuendos would be badly exposed.

They are just postponing the inevitable by taking the matter on review. But like in all other matters where this delaying tactic is applied, it does comes to an end, sadly with huge emotional and psychological costs on the victim.

That public servant must remain strong,the madness will eventually come to an end.”

In conclusion she said.

“More than anything it is a delaying tactic meant to frustrate the employee because the arbitration would have considered all material factors.

Remember arbitration is aa attempt to reconcile the warring parties”

This is the same department and same HoD who reinstated an employee who was fired and ignored labor court judgment.

Instead of implementing the Labour court judgment the incumbent HoD was acting and she approved reinstatement against the labor court judgment on the higher notch.

If Joyce Mathae, Free State Premier is to be taken seriously about fighting corruption as she rhetorically goes, that she is involving SIU to fight corruption as if there is even a proclamation by President Cyril Ramaphosa, the only person who can proclaim, then the president might as well add CSRT on the list especially tenders awarded to companies with ties to the ANC and the road maintenance tender that was awarded, money paid, road incomplete.

Then she can be taken seriously in fighting corruption.

In other news, the reshuffling of HoDs is on the cards again with November 1, 2024, as the swap date.

The reshuffling was blocked by Mosa Masemene when she dragged Mathae to court and won.

It remains to be seen whether the current hods will use what is available at their disposal, Makati and Masemene judgments to challenge their transfers.

This is a developing story.

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