Since August , The Board of Transnet has intimated that they wished to suspend Mr Gama pursuant to certain continuing investigations they were undertaking . At all material times either personally and in writing to the Chairperson and acting on the advise of his Attorneys, who also wrote to Transnet , Mr Gama advised and urged Transnet to respect the employment contract that exists between him and the company . The employment agreement states clearly that any dispute between the parties must be referred to arbitration. Transnet contravened its own disciplinary code that states that employees are entitled to a disciplinary hearing.
Speaking after Justice Graham Moshoana handed his Judgement at the Labour Court, Mr Gama has this to say …”I had no choice but to approach the Labour Court to stop Transnet from terminating my employment contract in breach of its terms and provisions. We have today succeeded in persuading Transnet that they must apply my employment contract and the Transnet disciplinary code in my case, that the parties must refer any dispute to an arbitrator. It is unlawful and illegal to dismiss an employee without providing them with the right to a proper hearing and falls counter to our bill of rights and the constitution. I invite the Transnet Board to honour the contract that I entered into with Transnet SOC LTD.”
We reiterate that as an organ of state, The Transnet Board cannot choose and is not entitled to opt to unilaterally dismiss an employee without a proper hearing. The contract is clear that an employee is entitled to a hearing. The judge was very clear today in granting an order that the employment contract must be respected. In terms of the contract, the parties must take the arbitration route to resolve any dispute that they might have .
Statement Issued by MSMM Attorneys Inc