Wednesday, 10 March 2010

How to dismiss ex employees

Hereunder a story we picked up from the Sowetan.

It is trite law that you can only institute disciplinary action against your employees, and NOT ex-employees. As much as we would have liked him to be disciplined for the serious allegations against him, Mbebe cannot now be disciplined. How do you dismiss an employee not in your service?  Any continuation of disciplinary action and defending an urgent application would be gross fruitless and wasteful expenditure.

The SABC must press criminal charges against him, should there be grounds for same, and also civil action to recover any fruitless and wasteful expenditure. Who from HR\Employee Relations has advised the SABC?

Mvuzo Mbebe to fight back
THE SABC will continue with the disciplinary action against its former head of content Mvuzo Mbebe although he has since left the public broadcaster.
Mbebe’s five-year contract ended on Sunday, but the SABC says the disciplinary action will continue.
SABC spokesperson Kaizer Kganyago said yesterday: “His contract has expired and was not renewed, but there is still disciplinary action against him.”
Mbebe and three other executives were suspended by the interim board in October last year pending an outcome of internal disciplinary processes arising from investigations conducted by the auditor-general and other parties.
He was suspended together with chief financial officer Robin Nicholson, head of audience services Anton Heunis and head of group procurement Mabela Sathekge.
But Mbebe’s lawyer Siyabonga Mpontshana said yesterday they would challenge in court the SABC’s decision to continue with the disciplinary action against him.
“I have been representing him during the disciplinary action. The SABC is responsible for the delays.”
Mpontshana said they would launch an urgent application in court to stop the disciplinary action.
Meanwhile, Mbebe said he was taking a short break between jobs.
He said he was currently volunteering in a number of projects, including sports, to keep himself busy.
Mbebe is also former CEO of the National Sports Council.

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