Injured Glencore employee fails in final effort to return to work after being dismissed due to a disabling workplace incident. Image credit: Pixabay
(The Post News) – Injured Glencore employee Moshe Kgatla has lost his latest attempt to be reinstated after a workplace injury left him permanently disabled. He began working at Glencore Lydenburg Smelter in April 2014 as an apprentice electrician.
However, just a year later, his career was cut short. In March 2015, he was involved in an accident while on duty and suffered serious injuries. These injuries resulted in permanent disability. After the incident, Glencore accused him of entering a restricted area and acting recklessly. They charged him with misconduct and dismissed him in February 2016 after a disciplinary hearing.Â
Still, the injured Glencore employee did not accept the outcome. He took the matter to the CCMA, where the dismissal was overturned. Instead of being fired, he received a final written warning and was allowed to continue his learnership. Even so, Glencore later ended his learnership in April 2017, stating that his disability made it impossible for him to complete the program. They also awarded him a permanent disability payout. However, Kgatla denied this version of events and continued to fight the decision.
Injured Glencore employee brings second challenge but faces rejection
In May 2019, the injured Glencore employee approached the CCMA again. This time, he applied for condonation because his case was late. Unfortunately, the commission dismissed this application in September. Still determined, Kgatla filed a review application in the Labour Court in 2020.
But the case was never heard and ended up archived. He blamed delays on the COVID-19 pandemic and difficulties with the court system. He also accused Glencore of delaying the process on purpose. However, the judge did not accept these explanations. She noted that Kgatla failed to take action for six months after filing. According to court rules, he could have asked for the matter to be added to the unopposed roll if no opposition had been received.
Injured Glencore employee brings second challenge but faces rejection
By the time Kgatla tried to move the case forward, a full year had passed. This delay, along with his failure to follow the correct steps, led the court to archive the case. Under the court’s Practice Manual, this has the same result as a dismissal.
In the end, the injured Glencore employee exhausted his legal options. His long legal battle came to an end without success. Although he made several efforts to return to work, missed deadlines and procedural missteps ultimately cost him the case. This outcome highlights how critical it is to follow proper legal processes and act within required timelines especially in complex labour disputes
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