A former Glencore employee who was left disabled after a workplace accident has lost his bid for reinstatement in the Labour Court. The Johannesburg court found that his 2020 review application had lapsed after no steps were taken within six months, meaning the matter was treated as archived and effectively dismissed.
By Sinenhlanhla Masilela – IOL
Moshe Kgatla, an electrical apprentice at Glencore’s Lydenburg Smelter, was injured in March 2015 and later dismissed for negligence in February 2016. A CCMA arbitrator overturned the dismissal and issued a final written warning, but Glencore said his learnership was ended in April 2017 due to permanent disability and that he received a disability payout.
Kgatla’s subsequent CCMA condonation bid in 2019 was dismissed. In the Labour Court, Acting Judge Grace Mafa-Chali held that Kgatla failed to prosecute his review within the required timeframe; under the court’s Practice Manual, a file placed in the archives has the same effect as a dismissal.
