A Postmasburg labour inspector is still sitting at home despite winning a labour award ordering his reinstatement and compensation for unfair dismissal.
A POSTMASBURG labour inspector is still at home despite winning a labour award ordering his reinstatement and compensation for an unfair dismissal.
The National Education, Health and Allied Workers Union (Nehawu) stated that the Department of Employment and Labour had referred the decision for reinstatement to the Office of the Director-General, while the labour inspector, Obakeng Moshweu, was instructed to “go home”.
Moshweu was dismissed on May 24, 2022, on charges of misconduct and failing to submit applications for sick leave.
The General Public Service Sector Bargaining Council (GPSSBC) ruled that he should be reinstated and awarded compensation of R70,000, equivalent to five months’ salary, by August 15.
While he suffered from frequent epileptic attacks, Moshweu refused to accept an office-bound job as he considered it to be a demotion, where driving was part of his normal duties.
On one occasion, he sustained injuries to his head and face during an epileptic attack, where he was found lying on the side of the road.
He also suffered an attack while conducting a mine inspection.
His manager stated that it was difficult to get hold of him on his official cellphone during prolonged absences from work, without permission or submitting sick leave.
Moshweu was considered to have absconded when he was absent for a whole month in January 2021.
Moshweu explained that he was on medication and often lost consciousness after suffering an attack, where he would wake up at a clinic or hospital.
He indicated that he lived alone and was unable to notify his employer when he felt dizzy and confused, as he had no one to assist him.
Moshweu’s landlord was willing to make an affidavit to confirm that she had to call his brother in Kuruman to fetch him after he suffered a repeated attack.
Moshweu stated that he was booked off sick for a month in June 2021 because of his medical condition and explained that he was unable to submit sick certificates as he did not have access to his e-mail when he was not at the office.
He also believed that he was not offered the necessary support although his employer was aware of his condition.
Moshweu maintained that the employer acted in bad faith when deductions were made from his pension fund for the annual and sick leave submitted.
GPSSBC arbitrator SM Beesnaar believed the employer failed to determine if his medical condition was of a temporary or permanent nature.
“There is no indication as to whether the head of the department and the health risk manager had implemented a plan of action of securing an alternative employment, or adapting his duties or work circumstances to accommodate his incapacity.”
Beesnaar advised that the employee should have been placed on temporary or permanent incapacity or ill retirement.
He added that Moshweu was not served with a warning or final written warning before he was dismissed.
“It would be unfair to dismiss an employee without first exhausting the possible alternatives … in consultation with the employee and his union.
“Moshweu gave reasons that he was suffering from a serious medical condition that impacted negatively on his work performance. In my humble opinion that was a cry for help. The final written warning was never issued. Instead, on March 7, 2022, he was issued with a charge sheet on 18 counts of misconduct and got dismissed on May 24, 2022.”
The Department of Employment and Labour did not respond to media enquiries.
