Staff reporter
Bloemfontein – The Commission for Conciliation, Mediation and Arbitration (CCMA) has ordered Free State Gambling Liquor Tourism and Authority (FSGLTA) to reinstate Mahlakoleng Magashule to his position and further, back pay his salary to the day he was fired.
Magashule who started working for the authority on the 1 March 2011, was dismissed on the 3 January 2024.
Following his dismissal, he took the tourism authority to CCMA and the commissioner found his dismissal to be unfair.
Tourism Authority charged and found Magashule guilty of:
- Gross Misconduct
- Gross Negligence
- Aiding or Abetting Another in Commission of Acts of Misconduct
The crux of the dismissal was Magashule failed to report fraud to his line manager.
According to evidence, Magashule reported the fraud to Manager: Fraud and Risk in line with company policy.
Commissioner Cindy Dickens found the dismissal of Magashule was substantively unfair and ordered his reinstatement and back pay.
This verdict was delivered on the 15 November 2024.
Tourism Authority has taken the award on review and has since appointed Qwelane Theron and Van Niekerk Inc to review the award and it’s outside normal SCM processes as per leaked email.
It’s not clear if Provincial Treasury had approved this.
According to audited financial statement, the authority moved from R4m to R14m in labour matters including unfair dismissals.
The authority also spent R2.7 million on matters related to CCMA.
Earlier in the year the Board suspended Kenny Dichabe, CEO only for the court to rule in favor of the CEO.
The board was also barred from charging Dichabe as it didn’t have the authority to do so as only the MEC is, as the employer.
Newly appointed MEC for Tourism and Economic Affairs, Ketso Makume was ordered by the court to determine if Dichabe should be charged, he has since returned to work and his contract extended till 31 March 2025.
This is a developing story.
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Fair procedures indeed. From Gaza
I work for the company almost 4 yrs 8 months then they I got unfair dismissal..then when I check the ower me lot off money and they pay 47000r …I need my money
I worked for a Security Company that provides Security Services to Greater Letaba Municipality. The Security Company doesn’t comply with the Main Collective Agreement of Private Security Sector and was reported to NBCPSS last year December where a compliance order was issued the employer to comply. Till to date the Employer is not compliant and they give wrong email address which makes difficult for employees to refer a case to ccma. We are in area 3 in Limpopo rural areas so do we stand to get backpayment if the case managed to be heard by Commissioner?. They also deduct provident but in the event where u are dismissed or resigned, the company doesn’t want to give you a claim form to claim the money. What should be done in this case.?
This is the lesson, tomorrow no biased
Wish that the CCMA will own up to the mistake of my case where my case was ruled after I was sent out the room for the perpetrator and the commisioner to collude against me , when the Commissioner knew she was wrong. I have taken it further to Onbudsman and Minister of Labour and still awaiting an answer. Some Commissioner just get bought over.
You should’ve filed a review with the labour court challenging the award made by the commissioner
You have six weeks to file the review upon receipt of the award or ruling
Yes but they must also pay for the stress you went through
Hi Desray,
If your case is still on I wish you can contact me to analyze the merits of your case and if necessary refer it to a Specialist Labour Law Attorneys firm in Pretoria East
I need your help. Me n seer hart. 10yrs of suffering. In and out of depression
Pls mine is still on I requested to be continued to abbretration because they dismissed me for underringing but they didn’t give me a footage and how come the supervisor did resign while the is still a case on
Sadly these are not isolated cases, the majority of people appointed in these boards are just matriculants with no experience in handling these matters. Can we really think of another model of appointing authorities etc
My case matter at CCMA was also biased by the CCMA commissioner. The Commissioner was influenced by the employer, and my lawyer also had a conflict of interest when after the hearing, I learnt that his mother was employed at the institution where I worked. The lawyer also three me under the bus when. The lawyer didn’t advise me and prepare me for the hearing, neither did he want to advise me what to do after the outcome. What I found strange is the the lawyer received the outcome, and then informed me. The institution of higher learning where I worked is known to influence outcome for their favour. After the outcome was made known to me, I went into depression and I’m still suffering almost 4 years later. The SA judiciary is corrupt.
True, the CCMA commissioners are bought. If you are worker, you lack financial muscle, you will loose the case at CCMA.
Awarding of tenders at Department of Community Safety Roads and Transport,Free State are being awarded unaffair and not Transparency is practiced.Referring to BID 04/2023/24:was extended three times and when cancelled,I did not receive notification of cancellation.I am not happy because I was sure that I qualified for the tender.Will you find out what happened to my tender document and why I was not notified according to the BID document, clause:F.3.13 and F.3.14.I have requested a subcontractor opportunity since I have to generate income for my family and they have not replied to my request and I am experiencing financial challenges.
Approach the public service commission they may assist you or direct you to public protector or hawks stand to be corrected on this issue
I worked 6 months for a retail shop they dismissed me unfairly I took my case to ccma my case was on the 4 November 2024 my employer did not show up I there for was given the default award one week later got a email stating my employer is rescinding my award because they were not given the notice to attend the case I’m now waiting for date for abbretation and I’m not sure how long that’s going to take I need my job back with back
These are some of our sad stories where our justice systems are failing us.The commissioner are always for the benefit of the companies and I was told this straight to my face by the company Lawyers. They even tried to cook up some extras trying to make me agree and I declined.The company was ordered to pay all of my Provident fund and till today,nothing happened. I want to reopen my case,how do I go about it?