Ex-Eskom staffer wins dismissal case but is prevented from returning to work

 A former Eskom employee who was first dismissed for insubordination four years ago but subsequently exonerated by the labour court is still not back at work.

Luvuyo Busakwe, who once worked at the power utility's Mthatha offices, believes his employer is in contempt of court.

The court found in Busakwe's favour on March 11.

“They (Eskom) are stalling and there is no communication on what they plan to do,” he said.

Busakwe said after the labour court ruling, he reported for duty but was prevented by security guards from accessing the building in Mthatha.

After his dismissal in July 2016, he appealed to the Commission for Conciliation and Mediation Arbitration (CCMA).

Eskom dismissed Busakwe for failing to carry out an instruction from his manager to submit paperwork in the correct format, which would enable him to correctly capture his team's working hours on its system.

The CCMA ordered Eskom to reinstate him, ruling it had dismissed him unfairly. It also instructed the utility to pay him R126,400 — the equivalent of his monthly salary of R12,600 over 10 months.

Eskom appealed this decision in the labour court.

The labour court found that the CCMA commissioner had “conducted the inquiry in the correct manner”.

Eskom acknowledged the labour court ruling but said it “has to review all its options before making any decisions” and its lawyers were corresponding with Busakwe’s lawyer. — DispatchLIVE