The former head of the Universal Service and Access Agency of SA (USAASA) will plead his case before an arbitrator with Commission for Conciliation, Mediation and Arbitration (CCMA) at the end of next month, says his lawyer.
Daniel Ramothwala, an attorney with TP Magoro Attorneys, says James Theledi will argue against his dismissal on charges of sexual harassment and will say that the firing was “procedurally and substantially unfair”.
The agency spent two days presenting its case before the arbitrator earlier this week. All other CCMA steps have been exhausted after the parties failed to reach an agreement.
The agency's lawyer, Nick Robb - a partner at Webber Wentzel - says the matter will continue in November when dates are agreed on. He says USAASA witnesses led evidence on Monday and Tuesday and the matter is likely to take another two days to warp up. However, the agency has not closed its case yet.
Guilty
Theledi was axed by the agency in March, after an internal process found him guilty of sexual harassment. This related to an incident that occurred at the Presidential International Advisory Council on Information Society and Development meeting, held last September.
The process has dragged on since his dismissal, with Theledi fighting every step of the way. In April, acting communications minister Manto Tshabalala-Msimang rejected the ministerial appeal he lodged.
After his dismissal, there was talk that Theledi wanted to discuss a dignified way of leaving the agency and that he may resign. This did not transpire.
Earlier this month, he sought an interdict in the Labour Court to prevent the agency from replacing him, but his application was dismissed.
USAASA has been without a CEO since Theledi's dismissal and the process of filing the post has been held up several times by legal wrangling. However, Ramothwala, says the agency now has “carte blanche” to fill the position.
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