Court dismisses ESRIC officer's disciplinary challenge
Siphiwe Mdluli argued the HR manager's involvement in initiating and sanctioning disciplinary charges was unlawful.
The Industrial Court in Mbabane dismissed an application by Eswatini Royal Insurance Corporation (ESRIC) senior compliance officer Siphiwe Mdluli. Mdluli sought to declare unlawful the human resources manager's involvement in initiating disciplinary charges against her, fearing prejudice at the sanction stage. Judge Manene Thwala delivered the judgment yesterday, with nominated members M.T.E. Mtetwa and A.M. Nkambule, dismissing Mdluli and the Swaziland Union of Financial Institutions and Allied Workers (SUFIAW) case against ESRIC and chairperson Sithembiso Dlamini.
Mdluli faced two charges of gross neglect of duty and gross insubordination, with her disciplinary hearing suspended due to the court proceedings. Her challenge focused on the HR manager's role in initiating charges and potentially determining sanctions, as outlined in ESRIC's November 28, 2017, Disciplinary Code and Procedure. The code's Clause 8.3 states the presiding officer submits recommendations on dismissal or acquittal to the HR Manager.
The court examined the disciplinary code's procedures, including Clause 3.1.7 requiring a manager's decision within five working days of an employee's explanation, and Clause 3.1.8 for written communication to the HR manager within 10 working days if the matter proceeds. Mdluli argued the HR manager's dual involvement in initiation and sanctioning was undesirable.
Why it mattersThe Industrial Court's decision affects Siphiwe Mdluli's employment status at ESRIC and the interpretation of disciplinary procedures within the company.