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LAWYER UNNECESSARY FOR BABSY IN DC – EMPLOYER

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 MBABANE – The application to be represented by a lawyer in his disciplinary hearing has been met with resistance from his employer.


Royal Swazi Spa Hotel and Casino is opposing the application filed by its Sales Manager Babsy Mavuso, who wants to have an external representative in his disciplinary hearing.


Mavuso, who is Chairman of the Swaziland National Youth Council (SNYC), is facing charges of dishonesty and that of allegedly poaching or encouraging one of the hotel’s employees to leave the company to join the council.
In the charge of dishonesty, he is alleged to have attended an SNYC function during working hours while he had allegedly reported that he would be engaged with the hotel’s sales team.


Through his lawyer, Sikhumbuzo Simelane, Mavuso filed an application at the Industrial Court, where he is inter alia praying for an order directing the company to allow him an external representative during the hearing.
The company is, however, vigorously opposing his application on the basis that he failed to show exceptional circumstances that he was entitled to be allowed an external representative.


In his answering affidavit, Phinley Vilakati, who is the Hotel Manager, averred that the disciplinary hearing currently conducted against Mavuso was an internal process in terms of which he was only entitled to be represented by a fellow employee.
Vilakati went on to inform the court that the position occupied by Mavuso was that of sales manager and he had a number of other managers who were of his rank who could represent him.

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