Consumer head’s job: court rules

2012-05-19 00:00

JOHANNESBURG – The National Consumer Commissioner, Mamodupi Mohlala-Mulaudzi, was told yesterday that she should have been consulted before her position was advertised.

The Labour Court ruled that Trade and Industry Minister Rob Davies’s decision to tell Mohlala-Mulaudzi on “February 3 2012 that he was not going to renew or extend her contract was in breach of his obligation to confer with her in writing” the reasons for this decision.

It ordered Davies to notify Mohlala-Mulaudzi of his proposed intentions about the renewal, extension or non-renewal of her contract and to give reasons for his decision.

Mohlala-Mulaudzi was given 10 days to respond to his decision.

The court also found that Mohlala-Mulaudzi’s contract does end on September 3, and once due process is followed the Department of Trade and Industry (DTI) can decide whether or renew her contract. Until that time the recruitment process must be suspended.

Mohlala-Mulaudzi said she was confident her contract would be renewed once the consultation process had been completed as she had “met and exceeded all her key performance indicators”.

Each party was ordered to pay their own costs.

DTI spokesperson Sidwell Medupe said “the decision of the Labour Court this morning relating to the contract of the NCC commissioner confirms that the term of the NCC commissioner ends in September 2012. The DTI accepts the decision relating to the procedural aspect ... the court has vindicated the minister in so far as the term of Mohlala’s contract is concerned”.

Media reports last week said Mohlala-Mulaudzi had been fired through a newspaper advert.

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