Shamva Gold Mine supervisor reinstated

“gang leader” when the allegations were levelled against him.
It was alleged that on the day in question, illegal gold panners were caught in the area falling under Manyika’s responsibility when he was on duty.
Sometimes people not employed at the mine go out to pan for gold as a way of earning a living, with some of them licensed to do so while others are not.
After the illegal panners were caught, Manyika was charged with gross incompetence and dismissed from work.
Aggrieved by the dismissal, Manyika then sought recourse at the Labour Court.
He argued that he did not support workers that were not part of his shift and he was too busy when the illegal panners were caught.
Manyika’s explanation was that at the material time he was attending a breakdown some two metres underground. He therefore argued that under those circumstances he was busy at the workplace and was therefore not incompetent.
Labour Court president Ms Euna Makamure noted the record showed that no effort was made to establish the veracity of his statement.
Ms Makamure said: “It’s commendable for Shamva Gold Mine to discipline Manyika under its employment code.
“However, following the provisions of the code on its own does not necessarily mean that justice and equity has been achieved.”
She pointed out that there was supposed to be sufficient evidence on a balance of probabilities proving a case against someone who had violated the code.
Ms Makamure said Manyika gave what sounded to be a reasonable explanation that he was two metres underground attending to a breakdown.
“Obviously, it must have been difficult for a person in that position to monitor what was happening where the illegal activity was taking place.
“It was not ascertained how long the breakdown, which diverted his attention from the illegal activity, lasted,” said Ms Makamure.
Under the circumstances, she found it unfair to allege that Manyika was incompetent in the performance of his duties. Ms Makamure found merit in Manyika’s appeal, which she granted and ordered his reinstatement with no loss of salary or benefits.
In the event that reinstatement was no longer an option, Shamva Gold Mine was ordered to pay Manyika appropriate damages as agreed between the parties.