Africa-Press – South-Africa. A client liaison officer at the National Lotteries Commission (NLC), who was found guilty of gross dishonesty, has been fired.
Johannesburg Labour Court Acting Judge Smanga Sethene set aside the sanction imposed on Boitumelo Rachel Mafonjo by disciplinary hearing chairperson advocate Hor Modisa who suspended her dismissal for 10 years on condition she did not re-offend during that time.
Sethene, in his recent ruling, said: “For the chairperson to have expected the applicant [the NLC] to keep Ms Mafonjo in its employ with the tag of gross dishonesty on her forehead for 10 years assails rationality and legality in every respect.”
The NLC sought to review the “incongruent” sanction handed down by Modisa in December 2019.
Read the judgment here
Sethene said had elementary legal research been conducted, it would have dawned on the chairperson it was trite law that any misconduct peppered with gross dishonesty ought to have “elbowed out” Mafonjo and a “suspended dismissal was foreign in labour law”.
“Lest we forget, chairpersons of internal hearings perform administrative action and in that capacity they have to ensure that their decisions are legally sound so as to avoid burdening this court with employment disputes that, in fairness, ought to have been finalised at hearing stage.”
Mafonjo was first employed by the NLC in 2003 as a cleaner.
At the time she was charged with misconduct in 2018, she held the position of client liaison officer in Mahikeng, the North West.
Following the hearing, Mafonjo was found guilty of gross dishonesty for extracting “confidential beneficiary” information from the system and giving it to a third party.
She was also found guilty of not reporting unlawful activities aimed at defrauding the NLC and its beneficiaries, and of not declaring her own financial interests to the NLC.
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In his ruling, Modisa held there were exceptional circumstances in the case, the misconduct had been initiated by others, there was no evidence Mafonjo had financially benefitted or the NLC had suffered financial loss.
The NLC, in arguments before Sethene, said the sanction was irrational, given the severity of Mafonjo’s misconduct and she had shown no remorse, claiming to have acted under duress.
Sethene said Modisa knew, or ought to have known, the NLC’s disciplinary policy categorically stated the sanction for dishonesty, even as a first offence, was dismissal.
Instead, he had considered her personal circumstances. This was without merit.
Sethene said:
He added the misconduct was serious and warranted dismissal.
Should the original sanction stand, it would also “open the flood gates to anarchy”, because there had to be consistency in the treatment of employees, said Sethene.
Ruling Mafonjo should be dismissed with immediate effect, the judge added those who chaired internal disciplinary hearings must be “fearless”.
“The pursuit of justice needs stout-hearted men and women,” Sethene said.
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