Council to pay lump sum to former City Electrical Engineer

A THREE-year legal wrangle between the City of uMhlathuze and its former Electrical Engineer, Dwayne Baker could end with a hefty pay-out to the former employee.

Council has finally resolved to consider a settlement agreement, described as a voluntary severance package, in the region of R780 000, to Baker.

The legal woes between Council and Baker date back to June 2011 when the City effectively relieved him of his duties owing to what the municipality termed a ‘breakdown in the relationship of trust with its employee’.

His employment contract with the municipality was set to end in November 2011.

Baker, through his attorneys Bothas Incorporated, had at the time challenged the decision adding that it was an ‘automatically unfair dismissal’.

At a meeting with municipal management on 22 June 2011, Baker was told that the employment relationship had ‘broken down’ and to avoid a protracted litigation, he would be paid out for the remaining months of his contract.

According to a report, which surfaced before Council last week, Baker apparently recorded the meeting. He alleged that he was permanently employed and his termination was automatically unfair.

He subsequently referred the dispute to the South African Local Government Bargaining Council with the matter then being referred to the Labour Court.

Council’s stance was that Baker was on a fixed-term contract and the termination of his services was consensual.

Council’s case

The matter was set down for 26 May this year where the judge encouraged the parties to enter into settlement negotiations to reach finality on the matter.

‘It was the judge’s view that the applicant (Baker) had a prima facie case and Council’s case was not looking favourable,’ said the Council report.

‘I stress my disappointment that this case has dragged on for so long,’ said Cllr Beena Simmadhri.

‘Now we are slammed with this recommendation and Council will make the decision. It shows a lack of leadership in the various departments responsible for this item,’ Simmadhri said.

Cllr Louis Fourie also queried further financial implications of Baker’s legal costs that needed to be borne by Council as reflected in the settlement agreement, but not in the report.

Baker’s legal counsel declined to comment on the matter on Friday.