The Labour Court has dismissed with costs a bid by fired Transnet chief executive to have his dismissal set aside.
Judge Connie Prinsloo was not convinced by Gama’s argument that the termination of his contract by the Transnet board was in contempt of a court order granted on October 19.
“The primary issue to be determined is whether the order granted on October 19 2018 interdicted the respondents [Transnet and its board members] from terminating the applicant’s employment contract,” reads part of the judgement.
“The applicant has failed to establish that the respondents refused to comply with the order granted on October 19.”
Gama argued that his sacking did not follow procedure as the allegations of misconduct that he was facing were not investigated and referred to a disciplinary hearing.
Prinsloo did not agree.
“I am not satisfied that the applicant [Gama] has made out a case that there is a real possibility of reinstatement at arbitration. It follows that he is not, in the interim, pending the outcome of the arbitration or disciplinary hearing, entitled to be re-instated,” ruled Prinsloo.
“The application is dismissed … The applicant is to pay the respondents’ costs, to include the costs of two counsel.”
Gama was fired exactly a month ago after the state-owned enterprise gave him 10 days, until October 15, to provide reasons why his contract should not be terminated following investigations that implicated him in misconduct and maladministration in the acquisition of R54-billion worth of locomotives.