Tsholo Mabule, a Standard Bank employee, is battling to preserve her work after the Labour Court in Johannesburg overturned an arbitration ruling that permitted her to receive R120,000 compensation.
Mabule has worked with the financial institution as a client consultant in Zeerust, North West, since February 1995.
Senna, a 73-year-old widow, approached the Zeerust branch in September 2017 with a letter of executorship, hoping to register a late estate account since her late husband had an investment account and she wanted his estate moved to her account.
When Senna arrived to the branch, Mabule informed her that the letter she received was not original and that she needed to submit an original.
Senna then acquired the original letter and returned to the branch, where Mabule informed her that she could not serve her because she had not scheduled an appointment.
She informed Senna that she needed to schedule an appointment for November 2017 and that she could not be late by even one minute; else, her appointment would be pushed to December 2017.
Senna was dissatisfied with the outcome because she had traveled 50 km to the branch and was turned away for the second time.
Senna then filed a complaint with Standard Bank and was issued a notice of suspension in November 2017, followed by a summons to attend a disciplinary hearing in March 2018.
Mabule was found guilty of all counts at the disciplinary hearing, and he was dismissed.
Unwilling to accept loss, Mabule filed a review application with the Commission for Conciliation, Mediation, and Arbitration (CCMA), and Joseph Rankgale Modise presided over the proceedings.
Senna was not present in the CCMA, and Standard Bank filed an application to have the transcripts of the disciplinary hearing allowed as evidence, claiming that it was impracticable for Senna, who was now 78 years old and bedridden, to physically appear.
The bank went on to say that if the transcript is brought into evidence, Mabule will not incur any prejudice because she has already had the opportunity to cross-examine Senna.
While testifying in favor of her case, Mabule denied mistreating Senna and stated that she advised her that she needed to arrange an appointment to create an estate late account.
After the hearing, Modise found that Mabule was substantively wrongfully dismissed and ordered Standard Bank to pay her R120,000 in compensation by July 31, 2021.
Unsatisfied with the outcome, Mabule petitioned the labour court for an order to overturn Modise’s decision, as well as to be restored with full back pay beginning in April 2018.
At the labour court, the judge questioned whether Modise could reach an appropriate decision without Senna’s testimony, who was the major witness in the internal disciplinary case.
The court also stated that it will not hear the matter of compensation awarded by Modise because it believes he could not have reached a reasonable decision with Senna’s testimony withheld in its entirety.
As a result, Modise’s award was overturned, and the case was sent back to the CCMA for a second hearing before a different commissioner.
