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The award records hearings held on 19 February 2021 and adjourned until 21–23 April 2021 at Garden View Guest Lodge, Mafikeng, and describes parties’ representation, document bundles, and recorded proceedings. The background covers the employee’s dismissal date and the charges relied upon for the termination, including dishonesty and misrepresentation, plus alleged failure to comply with SITA talent sourcing policies.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/ccma-arbitration-award-case-number-nwkd1205-20nwkd1223-20-03-may-2021/503041/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/ccma-arbitration-award-case-number-nwkd1205-20nwkd1223-20-03-may-2021/503041.png","ImageObject",300,407,{"name":92,"@type":93},"cryingin4k","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-16","2026-10-03",true,{"@type":102,"interactionType":103,"userInteractionCount":44},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"Under which legal provisions is this CCMA arbitration award issued?","Question",{"text":112,"@type":113},"The award is issued in terms of section 138(7)(a) of the Labour Relations Act 66 of 1995. It concerns an alleged unfair dismissal dispute under section 186(1)(a).","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"When and where were the arbitration hearings conducted?",{"text":117,"@type":113},"The hearings took place on 19 February 2021 and were adjourned and proceeded on 21, 22, and 23 April 2021 at the Garden View Guest Lodge in Mafikeng.",{"name":119,"@type":110,"acceptedAnswer":120},"What were the main charges considered against the applicant?",{"text":121,"@type":113},"The charges included gross dishonesty related to shortlisting requirements, misrepresentation or gross negligence concerning a recommended appointment, and alleged failure to comply with SITA talent sourcing and retention policy, among other related counts.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},503041,1791142324,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":44,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145},137458181193,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Arbitration Award  \nCCMA  \nCase Number:NWKD1205-20/NWKD1223-20      \nLenkwasi Collins Makama        \nCommissioner:  \nDate of Award:  \n03 MAY 2021             \nIn the ARBITRATION between  \nDSAoho MAKABANYANE IPELENG                                    \n(Union/Applicant)  \nAnd  \nSTATE INFORMATION TECHNOLOGRASGendentsoCLTD(SITA)  \nUnion/Applicant's Mr.KABELO MOALOSIrepresentative:                        Union/Applicant's address:PSA                     \nP.O BOX 2480              MAFIKENG              2745                  Telephone:0183819600/0828808996/0735787104   Telefax:0183819611                    E-mail:Kabelo.moalosi@psa.co.za         \nRespondent's representative:Mr.JEFF MORIFI             Respondent's address:STATE INFORMATION TECHNOLOGY AGENCY  P.O BOX 26100              MONUMENT PARK          0105                  Telephone:0124823247/012482323710725277465    Telefax:0123674761           E-mail:Kea.aphane@sita.co.za            \n# INTRODUCTION\n\n[1]   This arbitration award is issued in terms of section 138(7)(a)¹of the Labour Relations Act 66 of 1995 asamended,the \"LRAA\".This is the arbitration award of the dispute referred by the Applicant as an allegedUnfair Dismissal Dispute in terms of section 186(1)(a)2 of the LRAA.  \n# DETAILS OF HEARING AND REPRESENTATION\n\n[2]   The arbitration hearings fook place on 19 February 2021,and was adjourned and proceeded on 21,22,and23 April 2021 at the Garden View Guest Lodge in Mafikeng.At the conclusion of the arbitration hearingparties agreed to file with the CCMA their written heads of arguments by 16h00 on 30 Apil 2021.  \n[3]   The CCMA case management advised me that the Applicant party filed their writen heads of arguments on30 April 2021 as agreed,whilst the Respondent party did not do as agreed.At the writing of this award I didnot have the benefit of the closing written heads of arguments of the Respondent party,  \n[4]   The Applicant,Ms.Ipeleng Makabanyane was at all material times in attendance at the proceedings.Shewas accompanied and represented by Mr.Kabelo Moalosi,the union official from the Public ServantsAssociation of South Africa,the \"PSA\".Initially on 19 February 2021,the Respondent,SITA SOC LTD,wasrepresented by Mr.Refilwe Khomola,the Employee Relations Officer.However,on 21,22,and 23 April2021,the Respondent was represented by Mr.Jeff Morifi,the Employee Relations Officer.  \n[5]    The Applicant party presented three bundles of documents as follows:Bundle A1 comprising 78 pages,Bundle A2 comprising 50 pages and Bundle A3 comprising 21 pages.The Respondent party presented asingle bundle of documents marked Bundle R comprising of 86 pages.The Applicant party led thetestimony of the Applicant and one witness.  \n[6]   The Respondent party led the testimony of three witnesses,one of which testified via video link using theMS Teams application.The proceedings were in English and there was no need for the services of aninterpreter.The proceedings were recorded by means of a digital recorder and also hand written noteswere taken.  \nBRIEF BACKGROUND TO THE DISPUTE  \nThe Respondent is SITA SOCLTD³.The Applicant was employed by the Respondent in July 2008.At thetime of dismissal,she was the Consultant:Lan and Desktop and was acting as Senior Manager Network  \nand Service Management.She earned R67241.00 per month or R806928.per annum.She was chargedand was subsequenlly found guilty after the disciplinary hearing which later imposed a sanction ofdismissal.Her date of dismissal was on 17 April 2020.  \nISSUE(S)TO BE DECIDED  \n[8]lt is to be decided whether the dismissal of the Applicant was both substantively and procedurally fair,and;  \n8.1Ifit is found that her dismissal was unfair,it is further to be decided whether she must be reinstatedretrospective back into the position she held prior to her dismissal.  \n# THE CHARGES AGAINST THE APPLICANT\n\n[9]  The Applicant was charged,found guilty and dismissed on the following charges⁴:  \n4.1 CHARGE 1.1:Gross Dishonest;In that on or ","cbCaioRl3SuZv5eh","https://ap.wps.com/l/cbCaioRl3SuZv5eh","pdf",15023718,29,"English","# INTRODUCTION\n# DETAILS OF HEARING AND REPRESENTATION\n# BRIEF BACKGROUND TO THE DISPUTE\n# ISSUE(S) TO BE DECIDED\n# THE CHARGES AGAINST THE APPLICANT\n# SURVEY OF EVIDENCE AND ARGUMENT","[{\"question\":\"Under which legal provisions is this CCMA arbitration award issued?\",\"answer\":\"The award is issued in terms of section 138(7)(a) of the Labour Relations Act 66 of 1995. It concerns an alleged unfair dismissal dispute under section 186(1)(a).\"},{\"question\":\"When and where were the arbitration hearings conducted?\",\"answer\":\"The hearings took place on 19 February 2021 and were adjourned and proceeded on 21, 22, and 23 April 2021 at the Garden View Guest Lodge in Mafikeng.\"},{\"question\":\"What were the main charges considered against the applicant?\",\"answer\":\"The charges included gross dishonesty related to shortlisting requirements, misrepresentation or gross negligence concerning a recommended appointment, and alleged failure to comply with SITA talent sourcing and retention policy, among other related counts.\"}]","CCMA Arbitration Award - Case Number NWKD1205-20/NWKD1223-20 - 03 MAY 2021 | PDF",1791048515,73]