Axed youth agency CEO must be reinstated, court rules

2013-10-21 12:17

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Axed National Youth Development Agency (NYDA) CEO Steven Ngubeni must be reinstated as his dismissal from the agency was unlawful, the Labour Court in Johannesburg has ruled.

Judge Andre van Niekerk said today a decision by the NYDA to fire Ngubeni was in breach of his contract of employment.

“The termination of employment is set aside and the applicant (Ngubeni) is reinstated in the first respondent’s (the NYDA’s) employ until there has been compliance with clause 10.1 (of the contract),” the judgment reads.

The NYDA was ordered to pay the costs of the proceedings.

Clause 10.1 of the contract states employees could be fired after a disciplinary hearing found them guilty, if they committed a “breach of material obligation”, or if they were found guilty of any act which would entitle the NYDA to terminate employment.

On October 8, the NYDA board decided to fire Ngubeni after it came to the conclusion he was guilty of financial mismanagement and gross dereliction of duty.

“The decision was taken in circumstances where an independently chaired enquiry, initiated by the NYDA and appointed to hear the case against Ngubeni had not yet completed its work,” the judgment reads.

Ngubeni reportedly faced seven charges related to signing off loans later converted to grants in three projects valued at over R30 million, before the approval of the board.

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