Mbabane – Build It employee Sakhele Mahlalela has approached the Industrial Court seeking the reversing appeal of his dismissal, arguing that he was summarily terminated without being afforded an opportunity to complete a disciplinary hearing.
Mahlalela, through his attorney Mduduzi Hlophe of M. Hlophe & Associates, has filed an urgent application in which he wants the court to stop the recruitment process for the position of End Floor Manager, restore the status quo that existed before his dismissal and review and set aside the termination letter dated August 7, 2026.
According to the court papers, Mahlalela was dismissed after a disciplinary process that had been running since September 2024 and which became the subject of several court applications.
He claims that the disciplinary proceedings were never properly concluded and that his employment contract required an appropriate disciplinary committee to find him guilty of misconduct before his contract could be terminated on disciplinary grounds.
Mahlalela says the company nevertheless terminated his services on August 7, 2026, citing his alleged attempts to frustrate the disciplinary process through court applications and an appeal that was subsequently removed from the roll.
The termination letter, reproduced in the founding affidavit, states that the company considered his conduct, including pursuing applications before the Industrial Court, as an attempt to frustrate the disciplinary process.
The company also allegedly cited “persistent threats and/or intimidation of company employees” when Mahlalela came to its premises.
Mahlalela disputes the basis of the dismissal and maintains that he was entitled to a fair disciplinary process.
The dispute dates back to September 2024 when Mahlalela was charged over alleged misconduct. He says he requested a copy of the company’s disciplinary code and procedure but was instead given a Workplace Harassment Policy.
He subsequently challenged the appointment of the initial chairperson, Sicelo Dlamini, arguing, among other things, that the allegations arose outside the jurisdiction of his employment and in Durban, South Africa.
Mahlalela says an external chairperson, Mandla Mamba, was later appointed in October 2024, but he objected to the appointment.
He further alleges that Mamba amended the charge sheet by changing the date and time of the alleged incident.
According to Mahlalela, the amendment was significant because the changed particulars affected his ability to prepare his defence. He also alleges that the chairperson displayed bias against him.
The dispute eventually reached the Industrial Court under Case No. 88/2025, where Mahlalela sought, among other relief, the removal of the chairperson and a ruling on the jurisdictional issue.
The application was dismissed on October 29, 2025.
Mahlalela says he instructed his attorneys on November 5, 2025 to appeal the judgment. The appeal was registered as Industrial Court of Appeal Case No. 21/2025.
While the appeal was pending, the disciplinary process continued to generate disputes.
According to the affidavit, Mahlalela was notified on November 25, 2025 that he was required to attend a disciplinary hearing on November 27.
He says his attorneys wrote to the chairperson’s attorneys requesting that the disciplinary proceedings be stayed pending the appeal.
The chairperson’s attorneys allegedly responded that the noting of an appeal did not automatically suspend the disciplinary hearing.
Mahlalela says he nevertheless attended court-related proceedings and sought an order stopping the disciplinary process. Another urgent application was brought under Industrial Court Case No. 404/2025, but was dismissed on December 4, 2025 on the basis that it was not urgent.
The employee now says the appeal against the earlier judgment remained pending until it was removed from the roll after his then-attorney failed to attend when the matter was called.
It was against this background, he says, that Build It terminated his employment on August 7, 2026.
In his founding affidavit, Mahlalela relies on a clause in his employment contract which provides that the contract may be terminated if he is found by an appropriate disciplinary committee to be guilty of gross professional negligence or another act of misconduct recognised under the Employment Act.
He argues that no such finding was made before the termination of his employment.
His attorney, Hlophe, has certified the matter as urgent, arguing that the dismissal was allegedly effected without a disciplinary hearing and that the applicant would suffer financial and socio-economic prejudice if the matter was not dealt with urgently.
The attorney further argues that the relief sought includes an interdict and review, remedies which, according to the application, cannot be granted by the Conciliation, Mediation and Arbitration Commission (CMAC).
Mahlalela also explains that his application was filed in August 2026 after what he describes as delays involving engagements with the employer and his former attorney’s alleged refusal to release his file.
He says he received the file on August 18, 2026.
The matter is before the Industrial Court in Mbabane, where Mahlalela is seeking an order preventing the recruitment process for the End Floor Manager position, staying the operation of the August 7 termination letter and restoring the previous status quo pending determination of his application.
He is also seeking an order reviewing and setting aside the termination and costs if the matter is opposed unsuccessfully.
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