Molefe seeks to refer his dismissal for trial to resolve factual disputes with Brown

Former Eskom CEO Brian Molefe on Thursday asked the Labour Court in Johannesburg to refer his dispute about his dismissal for trial.

This was to resolve factual disputes he had with Public Enterprises Minister Lynne Brown concerning his retirement or resignation from Eskom in December last year and his subsequent reinstatement in May.

Molefe’s counsel‚ Noel Graves SC‚ told Judge Christina Prinsloo on Thursday that the dispute could not be resolved through the papers filed before the Labour Court‚ where Molefe wants his dismissal declared null and void.

Graves said Brown had offered differing versions about Molefe’s employment status in her affidavits before the Labour Court and the high court‚ where the Democratic Alliance (DA) is challenging his reinstatement in May.

The minister‚ the DA and the Economic Freedom Fighters (EFF) opposed Molefe’s application.

Prinsloo reserved judgment.

Molefe left Eskom’s employ in December last year following adverse findings made against him by former public protector Thuli Madonsela in her “State of Capture” report.

Molefe went on to become an African National Congress MP in February‚ but returned to Eskom in May following Brown’s refusal to approve a R30m pension payout to Molefe.

His return to Eskom resulted in the Democratic Alliance and the Economic Freedom Fighters launching a high court challenge to set aside his reinstatement. The matter will be heard in August.

Less than a month into his job at Eskom‚ Brown instructed the board of Eskom to rescind its decision to reappoint Molefe. Eskom formally dismissed Molefe on June 2.

Graves told the court he did not agree with the suggestion by the DA and the EFF that all the issues relating to Molefe’s initial leaving of Eskom in December‚ his return in May and his dismissal in June should be dealt with by the high court.

Graves said Molefe had chosen the Labour Court to have his issue of his dismissal adjudicated. Prinsloo asked Graves why the high court should not deal with the DA's challenge and Molefe's challenge.

Graves said for practical purposes‚ this would force Molefe into a forum where there were a number of parties‚ including trade unions‚ and the former public protector.

This would no longer be about a dispute between an employer and employee.

“This is going to take an enormously long time. He did not start the proceedings there.”

Paul Kennedy SC‚ for the DA‚ said Molefe’s application for referral to trial should be struck down with costs.

“We suggested to Mr Molefe to avoid a multiplicity of forums‚ a multiplicity of proceedings and to avoid conflicting judgments - we suggested he deal with this matter in the high court. He refused to do so‚” Kennedy said.

Tembeka Ngcukaitobi‚ for the EFF‚ said Molefe was now no longer persisting with the urgent relief he sought in the Labour Court that the termination of employment be declared null and void.

- TimesLIVE