HELD
AT MBABANE:
CASE
NO: 20/89
In
the matter between:
PULLEN
MANDLENKHOSI PLAMINI Applicant
VS.
SIZEZE
PIPES LIMITED Respondent
CORAM
: J.A. HASSANALI President
MR
VILAKATI For Applicant
MR
FLYNN For Respondent
MR
MOKGOKONG & MR MATSEBULA Assessors.
AWARD
HASSANALI,
P.
In
this case the Applicant is claiming terminal benefits and
compensation from the Respondent Company for his unfair
termination.
When
the case came up for trial, Mr Vilakazi who represented the
Applicant, applied for a postponement on behalf of Mr Landmark, on
the ground that one Mr Brian Smith who was the Respondent's witness,
was ill in hospital in Johannesburg. I informed him that this was the
2nd date of trial and this date was especially fixed at his
(Respondents) request. Therefore Mr Landmark himself should have made
ths application. In the circumstances the Court refused the
application and proceeded to hear this matter exparte. In the course
of the hearing, Mr Landmark made an appearance and applied for a
postponement. I told him that he should have been in Court when the
case was called and made the necessary application himself presenting
the Medical Certificate in support of it. Even at this stage he was
not able to produce one. Hence his application was refused.
Since
this case was not against Mr Smith personally, I in normal
circumstances would have asked the applicant and his witness to give
evidence,
2
followed
by the Respondent's witness, after which I may have considered the
Respondent's application for a postponement on the ground of Mr
Smith's
illness.
I
now come to the evidence in this case. The Applicant was recruited as
a Supervisor by the Respondent Company on 30/11/82. In 1983 he was
promoted as Production Manager of the Company. On 26/10/88 Mr Smith
the Managing Director summoned applicant to his office where he was
accused of stealing Company cement from the Stores. Applicant was
then told that he should resign, failing which he would face
dismissal. Thought the allegation was denied by him, he was
eventually dismissed. He also stated that the keys for the said
stores were not in his possession but were with another employee, one
Mr Kunene. He mentioned that the gate leading to the Stores was
always kept locked and the key for it was either with Mr Smith or Mr
Kunene. In the circumstances it was impossible for anyone to remove
anything from the stores without their knowledge. He maintained that
he was unfairly terminated and as such he was entitled to the
following -
50
days severance allowance at E36/95 per day E1847.50
1
month Salary in lieu of Notice 739.00
20
days additional notice 739.00
42
days leave pay 1410.00
6
days overtime worked on Public Holidays 403.08
6
months compensation 4434.00
E9572.58
On
the evidence placed before Court, I am satisfied that the Applicant
was unfairly terminated and as such is entitled to the terminal
benefits and compensation claimed by him. In the circumstances I make
the following Order -
50
days severance allowance E1847.50
1
month salary in lieu of notice 739.00
20
days additional notice 739.00
42
days leave pay 1410.00
6
days overtime worked on Public Holidays 403.08
6
months Compensation 4434.00
E9572.58
My
assessors agree with my decision.
This
decision is entered as an Award of this Court.
J.A.
HASSANALI,
PRESIDENT
