POWERTEL Communications is up in arms with former finance director, Warner Mtisi, over company property that he allegedly took with him after his dismissal.
SENIOR COURT REPORTER
Mtisi is alleged to have taken with him a Toyota Prado, a laptop and an iPad after being dismissed from work last year over allegations of misconduct. Powertel has since filed an application at the High Court seeking to compel Mtisi, who was on a salary of over $400 000 per annum, to surrender the company property.
Mtisi has vowed to cling to the assets, arguing they were part and parcel of his benefits and that he was still contesting his dismissal.
“I have since launched an appeal against the determination dismissing me . . . I am challenging the procedural and substantive fairness of the decision to dismiss me as such before the matter is disposed of, my claim of right to the said assets has not been extinguished . . . I have the claim of right over the tools of my trade pending the finalisation of my case,” Mtisi said.
Powertel is seeking a court order compelling Mtisi to return the property or face seizure by the Deputy Sheriff.
“Should respondent (Mtisi) fail to comply, the Deputy Sheriff be and is authorised to seize and attach the aforesaid properties wherever they can be found and hand them to the applicant,” read Powertel’s application.
Mtisi was dismissed on September 5 last year pursuant to a disciplinary hearing in which he was charged with an act of misconduct.
“It will be perceived from the aforesaid letter (of dismissal) that the relationship that existed between the applicant and respondent ceased to exist upon the aforesaid dismissal consequently resulted in the termination of his contract of employment after due process of law,” Powertel managing director Samuel Maminimini said.
“Respondent no longer has the right or basis for him to continue holding on to the assets. . . he has indicated that he is not in a position to return the assets in a letter dated September 14, 2012.”