DURBAN - THE University of Fort Hare (UFH) has welcomed an arbitration award that compels the institution only to pay a R700000 golden handshake to its former deputy vice-chancellor, as opposed to reinstating her.
In response to questions from The Mercury, Professor Nokwethemba Ndlazi said: “My legal team is studying the award but … the CCMA found that my dismissal was substantively unfair.”
A former Mangosuthu University of Technology (MUT) executive director, Ndlazi was fired from the position of deputy vice-chancellor for Institutional Support at UFH in October last year.
UFH sacked her after being alerted “by a whistleblower” about the fact that Ndlazi left MUT while facing a forensic probe that ultimately found her guilty of alleged corruption and recommended – aside from an internal disciplinary action – that a criminal case be opened with the police, in terms of Section 34 of the Prevention and Combating of Corrupt Activities Act.
UFH had also charged Ndlazi with alleged failure to disclose that she had employed, at UFH, a former director at MUT who had also been implicated in the same Morar forensic investigation.
Ndlazi took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA).
In his ruling, Commissioner Jean van Zuydam awarded in favour of Ndlazi, saying while her dismissal was procedurally fair, it was, however, substantively unfair.
“The respondent (UFH) is ordered to compensate the applicant an amount of R700 000, which is equivalent to four months’ remuneration,” ruled Zuydam, in favour of Ndlazi who earned a monthly pay of R175 000.
While Ndlazi had, according to the commissioner, sought a retrospective reinstatement, the ruling suggested that working relations between the two were irreparable, on the basis of both the sentiments of her closing arguments, as well as the Morar findings.
“One must not lose sight of the fact that the applicant was negatively implicated in the Morar report at her previous employment. The substantive contents of this report was not disputed by the applicant,” said Zuydam.
Her dismissal was substantively unfair in that at the time she was interviewed, she said, she was not yet aware that the MUT probe would find her guilty of wrongdoing.
“The applicant also conceded that there was negligence involved in authorising the roofing contract at MUT.
“She was the chairperson of the BAC (bid adjudication committee) and conceded to exceeding her powers when she authorised (sic) same,” Zuydam said.
He was referring to a R19.5 million contract which, according to forensic findings, was irregularly awarded in that it should have been referred to the institution’s council, since it was over the R15m threshold.
“Despite her sufficient disclosure (during the interview), (neither) the applicant nor the respondent had any knowledge of the severe implications of what was to follow. It is at this point where I cannot lay blame at either party’s feet.
“Latent, crucial information came to light when the applicant was already employed,” said Zuydam.
“I can accept that had the Morar report been available at the time of Ms (Sandra) Burmeister’s (the recruiting agent at UFH) final check, (sic) would not have led to the applicant’s appointment.
“Prof Sakhela Buhlungu (UFH’s vice-chancellor and principal) made it very clear that the contents of the report made the continued employment relationship intolerable.
“From the applicant’s closing arguments, it does not strike me that the relationship is repairable from her side, either.
“In line with Section 193 (2)(b) (of the Labour Relations Act), I find that the circumstances surrounding the dismissal are such that the continued relationship would be intolerable. I therefore find that the appropriate remedy is compensation.
“In awarding compensation, I have considered the applicant’s relatively short length of service, the degree of unfairness exercised by the respondent in dismissing the applicant, the fact that the applicant may still have been employed at MUT had she not accepted the respondent’s offer, the remuneration the applicant received (at UFH), and the fact that she is still unemployed,” said Zuydam.
UFH said the university viewed the award as a limited victory for Ndlazi in that the reinstatement application was not approved.
“The university thus views the CCMA award as a victory (for it,) on the basis that it was not ordered to reinstate Ndlazi, who would never have been appointed in the first place had the university been aware of the Morar report and how she is implicated therein,” said UFH.
THE MERCURY