FORMER MTN MANAGERS WANT TO GO BACK TO WORK

MBABANE – The three former Swaziland MTN Limited managers who won their case against the company in the Industrial Court are appealing the judgment.

In the judgment, the court ordered the mobile telephone company to compensate the trio a joint sum of E900 000 on grounds of redundancy.
In their appeal, the former managers  argued that the Industrial Court erred in law and misdirected itself by failing to enforce an undertaking by Swaziland MTN to reinstate them whether their positions were available or not.

“The Industrial Court erred in law by refusing to order the respondent to reinstate the appellants (three former managers) and relying upon the lapse of a period of close to five years as reason for not doing so,” reads part of the grounds of appeal.

They now want the Industrial Court of Appeal to set aside the judgmnt delivered by Judge Nkosinathi Nkonyane with costs.
Thandi Kunene, Makhosandile Vilakati and David Mdlovu had their services terminated on June 30, 2011, after their positions were deemed redundant as a result of a restructuring exercise that was carried out by their former employer.

In its judgment, the Industrial Court held that the dismissals were substantively unfair since there was no evidence that Swazi MTN offered the trio lower level positions and that they rejected same.

Their dismissal was also found to be procedurally unfair because they were dismissed before their appeals were considered despite being given the platform to lodge them. Kunene and Mdlovu were paid their statutory packages.
Judge Nkonyane presided over the matter.

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