Kaya FM board chairperson Sizwe Mncwango has fired a broadside at the station’s former managing director Sibongile Mtyali.
This after Mtyali took the Gauteng-based radio station to the labour court in Johannesburg for unlawful dismissal.
Mncwango has accused Mtyali of poor management skills, as well as failing to follow procedure to resolve the controversial issue about the termination of her contract.
Mtyali, who was dismissed from her cushy job in November, has applied for an urgent court order to force the board of the radio station to reinstate her.
She has charged that senior presenters Phemelo Motene, Gugulethu Mfuphi, Sizwe Dhlomo, and programmes manager Meikanyo Morotoba were central to her dismissal, saying her contract was unlawfully terminated following complaints from her colleagues.
She added that she was not afforded an opportunity to appear before a disciplinary hearing as required by the law.
Motene, the former Generations actress, hosts “Point of View”, Mfuphi presents the “Kaya Biz” and Dhlomo broadcasts the “Kaya Drive”.
In an answering affidavit which we have seen, Mncwango asked the court to dismiss Mtyali’s case, claiming that only the Commission for Conciliation, Mediation and Arbitration (CCMA), and not the court, has a jurisdiction on the case.
“An erstwhile employee who seeks to challenge her dismissal is required to refer an unfair dismissal claim to the Commission for Conciliation, Mediation and Arbitration,” read Mncwango’s court papers.
“By bringing this application, the applicant has sought to circumnavigate those mandatory dispute resolution procedures without any suggestion that the facts that underlie this application are exceptional enough to warrant such a deviation.
“For these reasons, the first respondent submits [that] the applicant has not shown that this honourable court has jurisdiction to entertain this dispute.”
Mncwango added that Mtyali was taken through a poor performance enquiry, in the main, following concerns about her leadership and people management proficiencies, and was later dismissed with a three-month notice.
He explained further that there was nothing in Mtyali’s contract stipulating that she had a right to a formal hearing in circumstances where she has underperformed.
Mncwango said Mtyali’s application is not urgent and the fact that her dismissal is “unlawful” and in “contravention” of her contract of employment did not mean the case is urgent.
Mtyali was dismissed on November 22 but only filed the papers in court on December 1 with the hearing being set down for December 13, Mncwango said.
“On a proper consideration of this timeline, one cannot reach a conclusion that this matter is urgent,” read the court papers.
Mcwango added that the radio station has appointed independent mediator, Rucksana Christian of RC and Associate, to mediate after receiving various concerns between July and August about Mtyali’s leadership, which were critical for the operations of the station.
He said the report compiled by Christian left the board “extremely” concerned by the impact of Mtyali’s failure to work constructively with all the stakeholders and to lead at the required level.
According to Mtyali, the report highlighted, among others, low staff morale underpinned by a culture of fear and uncertainty, and poor people management which was exacerbated by Mtyali’s abuse of power.
“A disregard of presenters who are seasoned, award-winning and highly regarded in the field in favour of people that the applicant appeared to know personally,” read the papers.
After studying the report, Mncwango said, the board sent Mtyali a letter on September 27 expressing its preliminary view that she had failed to carry out her duties as expected.
Mtyali refuted the findings of the report, he said, but acknowledge that the board may well terminate her contract if it was not satisfied with her performance.
He said she, however, said the issues raised in the report should have been brought to her attention before they were elevated to the board.
Mncwango asked the court to dismiss Mtyali’s case with costs. The two parties are expected to face off in court next week.
Mtyali declined to comment and said the matter was sub-judice.
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