Minister Kubayi illegally fired employee after getting stuck in a lift, court finds

The Labour Court in Johannesburg has ruled in favour of a Human Settlements Department employee, who was fired after Minister Mmamoloko Kubayi got stuck in a lift at the department offices in March.

The following morning, Kubayi, issued her department’s deputy director general (DDG), Nelly Letsholonyane, with a letter of intent for dismissal over “alleged gross negligence that threatened the lives of employees”.

The minister was stuck in the lift for just over an hour.

Kubayi said Letsholonyane had “failed to ensure regular maintenance of the building and lifts”. The minister further alleged that as DGG, Letsholonyane failed to “mitigate the risk of such an incident” and also failed to ensure service providers respond timeously.

Minister stuck in life for more than hour

On 14 March, at approximately 7:53pm, Kubayi informed her department via the WhatsApp group chat that she was stuck in the lift.

Letsholonyane then informed Kubayi that the lift service providers had already left for the day, but arrangements were made to contact the company, Melco Elevators, for urgent attendance.

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Letsholonyane sprung into action, alerting the department’s deputy director for corporate support and security personnel, informing them of Kubayi’s conundrum.

Within an hour, the department’s acting director of facilities and security confirmed that a technician was coming.

But the waiting period proved too much for Kubayi, who issued Letsholonyane with a letter of intention of dismissal.

Letsholonyane, an employee at the department for 18 years, was told she had three options: dismissal, face a disciplinary hearing with suspension, or take early retirement.

Under duress, the DDG accepted early retirement on the condition that the early retirement should commence six months from the date of signature of the settlement agreement.

But, a month later, while on her way home after a meeting with the department’s legal services and human resources, Kubayi (who wasn’t in attendance) informed Letsholonyane that she was dismissed.

Minster acted unlawfully

Letsholonyane then turned to the Labour Court, arguing that Kubayi had breached her employment contract.

The 62-year-old told the court that she was three years away from retirement and faced limited prospects of further employment. She also argued that Kubayi did not allow her to prove her innocence and that her dismissal would affect her financially as she still pays off a bond.

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The court found that Kubayi had acted unlawfully when she rejected Letsholonyane’s conditional acceptance of early retirement. “However, six days later, she decided to dismiss the applicant without a disciplinary hearing summarily,” ruled Johannesburg Labour Court Acting Judge Molatelo Makhura

Makhura further found that Kubayi failed to apply the procedure in Chapter 7 of the Senior Management Service Handbook.

The court found Kubayi’s conduct was unlawful. “Such conduct should not be condoned by courts of law. This court cannot and should not turn a blind to the injustice and lawlessness,” Makhura found.

Makhura also ordered Letsholonyane to be reinstated, and for Kubayi to pay the legal costs.

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