6.1.1 Representing both individual and corporate clients in labour related disputes (including union related matters). Attending labour court hearing on behalf of the individuals and corporate entities. Drafting of charge sheets and other disciplinary hearing related documents, including Heads of Arguments and handling labour related litigation in general.
6.2 Some of the matters our lead attorney handled include the following:-
6.2.1 Cross-Border Roads Transport Agency v Botsang Moiloa Case No. GATW17139-22. A referral to CCMA to decide whether the dismissal of the employee (represented by Ndobe Inc.) was for a fair reason and effected in accordance with a fair procedure. Award dated 12 July 2023 granted in favour of the employee to the effect that the dismissal was substantively and procedurally unfair; employee reinstatement in the same or similar position and on the same terms and conditions of employment which prevailed prior to the dismissal granted and payment of back-pay calculated from the dismissal of dismissal to date of Award also granted by the Commissioner.
6.2.2 Department of Justice v Mothibi J & Others: Disciplinary hearing arising from a forensic investigation (by Sizwe Ntsaluba-Gobodo) into various security tenders in the Department of Justice (“DOJ”) relating to the appointment of service providers (with specific focus on Bosasa also known as African Global Operations) to the Judicial Commission of Enquiry into State Capture following a request made by the Deputy Chief Justice Raymond Zondo. Employee not found guilty. Ndobe Inc represented employee (without involvement of Counsel). Date of Ruling: 18 April 2021
6.2.3 NTP Radioisotopes SOC Limited v B Nkosi: (Our Senior Director was appointed as Case Presenter or Initiator in an Internal Disciplinary Hearing): A Lab Technician (Employee) failing to maintain a good understanding of the applicable SHEQ policies, procedures and customer requirements; failing to maintain a good understanding of the applicable SHEQ policies, procedures and customer requirements; failing to comply with SHEQ quality standards and requirements, quality and management system, methods and ISO document; failing to comply with the applicable standard procedure in respect of radiopharmaceutical products (Fission Iodine-131). Employee found guilty at both the initial enquiry and at appeal chaired by External Chairpersons appointed by Tokiso.
6.2.4 NTP Radioisotopes SOC Limited v J Laka Case No. GATW15899-21. A referral to CCMA in terms of Section 186 (1) of the Labour Relations Act on the basis that the employee had a reasonable expectation that his contract would be renewed for a further period and sought a reinstatement. Matter dismissed. Date of Award: 26 April 2022
6.2.5 NTP Radioisotopes SOC LTD v Mufana Aongola George: Case No. GATW 5774-18 (CCMA) and Case No. JR 2586/18 (Labour Court): Representing the Employer in the CCMA following a referral by the employee that he was unfairly dismissed. Employment terminated following a failure to obtain a positive security clearance. CCMA & Labour Court ruled in favour of the employer and dismissed the review application. Date of Judgment: 19 May 2021
6.2.6 Our lead attorney also acted as an Initiator in various internal disciplinary hearings involving various employees of NTP Radioisotopes SOC Limited including referrals made by dismissed employees at CCMA.