Mango Airline's former chief financial officer, Headman Manziya, has failed in a last-ditch attempt to get his job back after being dismissed for sexually harassing a colleague three years ago.
Manziya had applied to the Johannesburg Labour Court for a review of an August 2010 decision by the Commission for Conciliation, Mediation and Arbitration that found he was guilty of "fondling" a junior female colleague in the workplace.
Last Friday, acting Labour Court Judge Mahendra Chetty dismissed Manziya's application.
Chetty also found that Manziya had not provided adequate reasons for filing his review application almost nine months after the CCMA decision.
The Labour Relations Act allows employees six weeks to apply to the labour court if they want to contest a CCMA decision.
Manziya had argued that his tardiness was due to the "trauma" of his dismissal, which led to his losing his home and not being able to hire a lawyer.
He said his financial dilemma was compounded by "severe headaches, depression and hypertension".
The court found Manziya's explanations were "inadequate for most part and weak in others".
In 2010, Manziya's junior clerk accused him of approaching her from behind, putting his hands over her breasts and "fondling" her.
This was corroborated by a colleague who was "in close proximity" when the incident occurred.
Manziya, who represented himself in court, argued that the sexual harassment allegations against him were part of a "conspiracy" by Mango's CEO, Nico Bezuidenhout, who he accused of "waging a campaign to oust him from the company".
Mango Airline's lawyer, Garth Hulley, stated in court papers that "the false allegations against the CEO [Bezuidenhout] has far- reaching consequences as it eliminates any possibility of [Manziya] being reinstated" because the relationship "has broken down irretrievably".
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