Vilakazi’s dismissal to stand, arbitrator rules

2011-03-02 00:00

CONTROVERSIAL uMngeni Municipal manager (MM) Dumisani Vilakazi, who was fired from his job in June 2010, this week lost his appeal to have his dismissal overturned.

Vilakazi was axed after a disciplinary hearing in the municipality. He lodged an appeal arguing that his dismissal was substantively unfair.

The appeal was heard by the SA Local Government Bargaining Council in Durban. Arbitrator Nhlanhla Mathe found that the dismissal was fair and that under the circumstances the former MM was not entitled to any relief.

In the original hearing Vilakazi was found guilty of six of 10 charges.

These revolved around an accident near Mooi River after which he was found guilty of drunk driving.

The internal hearing found that his subsequent actions, which involved assault, lying, malicious damage to property and defeating the ends of justice, had brought the municipality into disrepute.

Vilakazi’s legal representative argued that the charges should not stick because they were not work- related.

He said Vilakazi has a clean disciplinary record and had performed his duties well.

The municipality’s legal argument was that as a municipal manager he had a high profile and that by virtue of his position what he did on a public road impacted on his employment relationship.

Arbitrator Mathe found Vilakazi’s accumulative offences were sufficient to warrant his dismissal. He said that driving under the influence of alcohol or while over the legal limit is against the law.

“Mr Vilakazi had an unblemished record.

“He also came across as very intelligent and affable.

“However, in my view dismissal was appropriate sanction for the misconduct at issue,” Mathe said.






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