The Labour Appeal Court handed down judgment on 21 July 2010 against Mr Harry Charlton, Parliament’s former Chief Finance Officer. Mr Charlton was dismissed by the Secretary to Parliament, Mr Zingile Dingani on 13 January 2006 after the Chairperson of the disciplinary hearing found him guilty of gross financial misconduct.
Mr Charlton claimed that his dismissal was because of his alleged "whistle blowing" in the travel fraud matter and pursued an automatically unfair dismissal dispute in the Labour Court.
Parliament has at all times maintained that Mr Charlton was dismissed because of the misconduct committed by him. Mr Charlton was found guilty of financial misconduct relating to the procurement of an information technology system and the procurement of services of certain consultants. Fifteen charges were brought by Secretary Dingani against Mr Charlton.Â
The Labour Appeal Court judgment now confirms Parliament's position that Mr Charlton does not have a cause of action under the Protected Disclosures Act.
Parliament views the Labour Appeal Court judgment as a vindication for the institution. Parliament will continue the fight against fraud and corruption and will take the necessary disciplinary action against any staff member who breaches the financial prescripts of Parliament.
Source: Parliament of South Africa
