A VETERAN unionist is challenging a Labour Court judgment barring him from representing workers at the Commission for Conciliation, Mediation, and Arbitration (CCMA) and other bargaining councils.
National Transport Movement (NTM) general secretary Ephraim Mphahlele has been ordered to stop representing workers at the CCMA and other bargaining councils for disrespecting a commissioner.
Acting Judge Larry Dave found in commissioner Elsabe Harmse’s favour earlier this month.
He found Mphahlele guilty of disrespecting Harmse during a Transnet Bargaining Council hearing relating to sexual harassment.
“I have considered an appropriate penalty to address the respondent’s (Mphahlele’s) conduct, and I am of the view that the respondent ought to be suspended from representing a party in a bargaining council or the CCMA,” the acting judge ruled.
Mphahlele is accused of being in contempt of Harmse during the bargaining council proceedings.
The acting judge said Mphahlele was disrespectful and unduly frustrated in proceedings and was obstructive.
“The respondent insulted and belittled the commissioner (Harmse). The respondent improperly influenced the proceedings, rendering the commissioner unable to continue with the arbitration," reads Acting Judge Dave’s ruling handed down on December 2.
He found that Mphahlele wilfully hindered Harmse in the performance of her functions, interrupted proceedings, was disruptive, and in doing so prejudiced the proceedings and misbehaved.
Mphahlele’s conduct constituted misbehaviour in terms of the Labour Relations Act (LRA), according to the judgment.
“It is therefore important that the respondent is reminded of the seriousness of his behaviour and of the importance of the integrity of bodies such as the council and the CCMA, as well as commissioners who serve these bodies and whose integrity must be preserved through orders such as these,” he said.
The disciplinary hearing was over sexual harassment on Transnet’s Blue Train, and the commissioner felt she had been completely stripped of her powers as laid out in the LRA.
Harmse complained that there were various instances of disrespect shown towards her by Mphahlele and Transnet’s representative, including witnesses.
The respondent did not allow any person to speak and kept interjecting. On one more occasion, the respondent was busy with a monologue on his own and constantly educated the commissioner on the process she should follow,” states the judgment.
Mphahlele told the Sunday Independent that the NTM's lawyers were in the process of appealing that Acting Judge Dave’s judgment.
“By the way, we did not expect that Acting Judge to rule against a racist Commissioner, who opted to hold me in contempt whilst she was asked through an application to recuse herself on the basis that she was biased and displayed a gross misunderstanding of the legal principles,” he said.
According to the commissioner, even if the judgment is not sound in law.
Mphahlele is to Mphahlele; he expected the white male judge to rule in favour of a white former president of Cosatu affiliate, the SA Transport and Allied Workers Union, and was among the unionists who broke away and established NTM.