The board chairman of Kaya FM, Sizwe Mncwango, has criticized the station’s former managing director, Sibongile Mtyali.
This occurred after Mtyali brought the Gauteng-based radio station to the Johannesburg labour court for unlawful dismissal.
Mncwango has accused Mtyali of having weak management skills and failing to follow protocol in resolving the thorny matter surrounding her contract termination.
Mtyali, who was fired from her cushy job in November, has filed an emergency court petition to compel the radio station’s board to reinstate her.
She claims that senior presenters Phemelo Motene, Gugulethu Mfuphi, Sizwe Dhlomo, and programmes manager Meikanetho Morotoba were instrumental in her termination, and that her contract was wrongfully terminated as a result of complaints from her coworkers.
She stated that she was not offered the opportunity, as required by law, to present at a disciplinary hearing.
Former Generations actress Motene anchors “Point of View,” while Mfuphi delivers “Kaya Biz” and Dhlomo broadcasts “Kaya Drive.”
Mncwango sought the court to dismiss Mtyali’s complaint, arguing that only the Commission for Conciliation, Mediation, and Arbitration (CCMA) has jurisdiction over the issue, not the court.
Mncwango’s court documents stated, “A former employee who wishes to contest her discharge must refer an unfair dismissal claim to the Commission for Conciliation, Mediation, and Arbitration.”
“By submitting this application, the applicant has attempted to sidestep these obligatory dispute resolution procedures without any indication that the facts underlying this application are extraordinary enough to justify such a divergence.
“For these reasons, the first respondent argues that the applicant has not demonstrated that this court has the authority to hear this matter.”
Mncwango stated that Mtyali was terminated with a three-month notice following a poor performance investigation that was primarily prompted by concerns about her leadership and people management skills.
He noted further that Mtyali’s contract did not stipulate that she was entitled to a formal hearing in cases where she had underperformed.
Mncwango stated that Mtyali’s application is not urgent, and the fact that her termination is “illegal” and in “violation” of her employment contract does not make the case urgent.
According to court documents, “given this timescale, it is impossible to conclude that this matter is urgent.”
Mcwango stated that the radio station has recruited an impartial mediator, Rucksana Christian of RC & Associate, to arbitrate after receiving numerous negative issues over Mtyali’s leadership between July and August.
He stated that Christian’s assessment left the board “very” concerned about the implications of Mtyali’s inability to engage productively with all stakeholders and lead at the requisite level.
The assessment, according to Mtyali, highlighted, among other things, low staff morale supported by a culture of fear and uncertainty, and poor people management that was aggravated by Mtyali’s misuse of authority.
“A disrespect for seasoned, award-winning, and highly recognized speakers in favor of those the applicant appeared to know personally,” the papers stated.
Mncwango stated that after reviewing the findings, the board wrote Mtyali a letter on September 27 expressing its preliminary conclusion that she had not performed her duties as required.
Mtyali contested the report’s findings, he said, but acknowledged that her contract may be terminated if the board was not satisfied with her performance.
However, she stated that she should have been informed of the issues mentioned in the study before they were presented to the board.
Mncwango requested that Mtyali’s lawsuit be dismissed with costs. Next week, the parties are scheduled to face off in court.
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