Labour Court upholds Seriti Coal overseer’s dismissal over repeated safety breaches

Court finds dismissal justified after serious underground safety lapses

The Labour Court in Johannesburg has upheld the dismissal of a senior mine overseer employed by Seriti Coal, ruling that his conduct posed a severe operational and safety risk at the company’s New Denmark Colliery.

Background: audit uncovered multiple hazards

The disciplinary process began after a routine audit on 3 April 2019 by strata control officer Lucky Nkosi identified multiple dangerous deviations in an underground area known as “split thirty-one.” The audit found the area had not been properly supported, Oslo straps (critical roof support equipment) were not installed, telltale monitoring devices were missing, several roof bolts had not been fitted, unsafe areas were not barricaded and a required support sign-off book was missing.

Those deviations were classified as “Class A” hazards, meaning work should not have continued in the affected area until corrections were made.

Failings by the overseer

The court heard that the overseer, Godfrey Rasmeni, had a managerial duty to supervise underground operations, perform daily inspections and sign shift boss logbooks. Evidence showed he failed to inspect and sign the logbook daily for more than a week, despite acknowledging the legal requirement to do so.

Rasmeni had undertaken to rectify the audit problems by 10 April 2019, but management regarded the delay as unacceptable given the seriousness of the hazards. Witnesses told the court that the absence of telltales and other supports created a risk of underground roof collapse that could potentially lead to fatalities.

Allegation of dishonesty and access to resources

During disciplinary proceedings Rasmeni was accused of dishonesty after altering the date on an inspection report from 10 April to 1 April, purportedly to give the impression the inspection had occurred earlier. He admitted changing the date but said it was an error; company witnesses disputed that account.

Evidence was also presented that Rasmeni had the authority and resources to obtain equipment to fix the hazards but failed to do so urgently. Rasmeni said drilling equipment and couplings were unavailable and had been ordered weeks earlier; the court found his evidence contradictory and unconvincing.

Arbitration overturned

An earlier arbitration award from the CCMA had accepted that Rasmeni committed misconduct but ruled dismissal was too harsh, ordering reinstatement with back pay. Judge Reynaud Neil Daniels reviewed that decision and found the commissioner had ignored material evidence, misapplied legal principles and reached an unreasonable outcome.

The judge found the commissioner erred by focusing on alleged inconsistency in discipline without properly comparing the circumstances of other employees. The court noted distinctions between Rasmeni and another overseer, who had admitted only failing to sign a logbook, while Rasmeni was found guilty of multiple serious breaches and showed little remorse.

Final ruling and rationale

In substituting the arbitration award, the court concluded Rasmeni’s dismissal was both procedurally and substantively fair. The judgment emphasised that Rasmeni failed to discipline subordinates, did not urgently address life-threatening deviations and appeared indifferent to dangerous underground conditions.

Judge Daniels concluded that continued employment would have posed a severe operational risk given the strict legal obligations on mine overseers under the Mine Health and Safety Act, bringing the long-running dispute to an end.