The Commission for Con ciliation, Mediation and Arbitration (CCMA) in Mpumalanga has refused to hear a case in involving the Ehlanzeni district municipality and a visually-impaired staff member.
The municipality is accused of refusing to employ a personal assistant (PA) for its visually-impaired disability desk coordinator, Dolfred Sihlangu, who has worked for the council for nine years.
The squabble started in 2023, after the municipality reportedly failed to renew the contract of Sihlangu’s full-time PA and did not employ a full-time PA to accommodate his disability.
In January, Sihlangu ap proached the CCMA to grant condonation for the late referral of an alleged unfair discrimination on the grounds of a disability dispute.
Staff member loses CCMA attempt
Recently, CCMA commissioner Happy Mathebula ruled: “The application for condonation of the late referral of the dispute is not granted. CCMA case management must close the file.”
CCMA’s reasons
Mathebula said the CCMA’s reason for refusing to hear the case was Sihlangu was aware his preferred PA contract would not be renewed in 2024, but he lodged the dispute only on 13 January.”The unfair discrimination claim was referred 591 days late.
“This was outside of the six months period stipulated in Section 10(2) of the Employment Equity Act 55 of 1998.
“Sihlangu said the union engaged with the employer instead of referring the dispute to the CCMA within the prescribed time,” Mathebula added.
The municipality, through its representative, Nombuso Mabuza, a senior legal services manager, said Sihlangu was provided with all necessary tools of trade regarding his situation.
When contacted for comment, Sihlangu confirmed he had lost the case but was reluctant to give more details.
“I am still studying the outcome to decide a way forward, so until then I will not be able to talk about this issue.”
Another case
It is not the first time Sihlangu has taken action against the mu nicipality for allegedly being dis criminated against. In 2019, he instituted a legal action claiming he discovered his colleagues, who were at the same level with him in the other sections, were receiving better pay and benefits that he did not have.
The case was heard on 9 No vember 2023, at the Johannes burg Labour Court in Braamfontein, and he lost the case.
At the time, Sihlangu said he started working at the municipality in November 2017, but his salary remained lower than his other colleagues occupying similar po sitions at the same municipality. –
