Misuse of study bursary meant for UCT costs employee R83k a month job

The misuse of a company bursary towards obtaining a MSc in project management at the University of Cape Town (UCT) cost a former senior petroleum company employee his R83,500 a month job.

Thembile Mabhaso, an operating standards specialist, was dismissed more than three-and-a-half years ago by Astron Energy for “misappropriation or unauthorised use of company funds”.

An explanation of what transpired is contained in a recent judgment handed down by the labour court in Cape Town. Mabhaso turned to the court in a bid to have his dismissal declared unfair. He also sought to be reinstated retrospectively and issued, instead, with a final written warning.

Having worked for the company for more than five years, Mabhaso applied in 2018 for a bursary to pursue a MSc in project management at UCT. The application was successful for enrolment in 2019.

“In terms of the application form signed by [Mabhaso] and [Astron], [Astron] agreed to pay the fees on [his] behalf in respect of registration, tuition and examination fees connected with the course of study, subject to further conditions which are not relevant to this matter, to the applicable institution,” read the judgment handed down on September 20.

The initial payment required by UCT to enable Mabhaso to register for the course was R25,500 payable on or before February 1 2019. The company paid the money into Mabhaso’s bank account, as it did for other applicants, on February 4, expecting him to then pay UCT.

However, at the time his account was overdrawn.

A day later he paid UCT R10,000 and decided to pay the difference later from his bonus in December 2019 “as he needed to rearrange his affairs to meet personal family expenses with the remainder of the funds”, reads the judgment.

In his defence Mabhaso argued that Astron Energy should not have paid the fees earmarked for UCT into his account. He also claimed there was no deadline as to when UCT should be paid the full amount.

However, he did not tell the company he never paid the full sum to UCT.

Things came to a head in November 2019 when Mabhaso asked the company to settle his fees for the year so he could register for 2020.  

“He provided [Astron] with a statement from UCT which reflected his payment of R10,000 on February5 2019 and an outstanding amount of R37,461 payable. This amount included interest on the outstanding initial payment,” reads the judgment.

The company sought proof he had paid the full R25,000 bursary to UCT. Mabhaso, after a discussion about what was owed, undertook to pay UCT R15,000 by December 2019 but was charged with misconduct and dismissed after a disciplinary hearing for using some of the funds for personal use.

Mabhaso's appeal against the internal decision was dismissed. He referred the dispute to the National Bargaining Council for the Chemical Industry, which upheld his dismissal.

“Throughout the process, [Mabhaso’s] demeanour was one of entitlement and he showed no remorse or acknowledgment of the error of his ways,” the arbitrator ruled.

“I have found [Mabhaso] guilty of a serious allegation which goes to the core of the employment relationship. He is a senior employee and is not unsophisticated. [Mabhaso’s] actions have caused an irretrievable breakdown of the trust relationship and the courts have endorsed that where the actions of an employee are of such a nature that the trust relationship is broken, the employer does not have to present evidence in relation to the trust aspect.” 

Mabhaso took three years to lodge a review application in the labour court instead of the stipulated six weeks after receiving the arbitration award. He blamed his lawyer for the delay and said he had reported him to the Legal Practice Council. But the lawyer denied he had given him legal assistance. 

Mabhaso applied for condonation for his late application to court and asked the court to rule he be reinstated retrospectively and issued with a written warning. 

“Misappropriation of funds constitutes a serious offence,” ruled the labour court and dismissed his application.

Asked what his reaction was to the latest ruling, Mabhaso told TimesLIVE: “I am appealing the judgment.”

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