Former Kaya 959 station manager Sibongile Mtyali and the station have reportedly settled out of court after she was dismissed from her duties in November.
Sunday World reveals that although Kaya 959 has reversed Sibongile Mtyali’s dismissal, she will not return to her job as the station manager.
It is believed the Joburg station undertook to pay her salary for 18 months instead of the initial three months it has already paid her.
“The undertaking, which Mtyali has allegedly welcomed as a victory for her, was made by the board to her legal team when they appeared in the Johannesburg High Court on Wednesday,” the publication reported.
Mtyali reportedly filed an urgent court order to force the station and its board chairperson Sizwe Mncwango to reinstate her and added they unlawfully terminated her contract without legitimate reasons.
The radio station allegedly never took her to a disciplinary hearing as stipulated in her contract of employment.
News24 reported Mtyali was dismissed after several employees filed complaints against her with the station’s board.
“They relate to her alleged poor performance and inaccessibility to presenters, among other complaints”, the publication added.
According to Sunday World, Kaya 959 and the former station manager agreed on Wednesday, December 21, that the station will convert Mtyali’s dismissal to a mutually agreed separation.
“The applicant’s employment, which was terminated on 25 November 2022, shall be regarded as having terminated in terms of a mutual separation between the parties,” reads the agreement.
The station, states the agreement, will also pay Mtyali her 15 months’ salary, which will be in addition to the three months they had already paid her.
“The applicant is not required to serve notice and has been paid in lieu of her three months’ notice period.
“The settlement amount shall be less such amount as the first respondent may be required to deduct in accordance with an income tax directive to be obtained by the first respondent from the South African Revenue Services. The first respondent shall apply for an income tax directive referred to above by no later than 12 January 2023,” the agreement reads.
Mtyali declined to comment when she was contacted for a comment by Sunday World: “Once again, and with all due respect, I have no comment and if you need anything please speak to my lawyer.”