‘Gulumer Suapert fG0p/ D°M Jobson lepary Engr Fning/ 4627085703
IN THE DISCIPLINARY ENQUIRY BETWEEN -
KHULUMANI SUPPORT GROUP Employer
And
DR MARJORIE JOBSON Employee
DISCIPLINARY ENQUIRY FINDING
1 Adisciplinary enquiry was convened on 28 May 2019.
2 Both parties were legally represented. ‘The employee was represented by Fluxmans
Attorneys and the employer was represented by Cheadle Thompson & Hayson Inc.
Preliminary Matter
3 Before the disciplinary enquiry began, the employee's legal representatives,
Fluxmans, raised a preliminary point in relation to the permissibility of convening the
enquiry against the employee, in circumstances where, it was alleged that a new
board of directors of the employer had been elected and had exonerated the
employee of all allegations of misconduct and had uplifted her suspension, The
employer opposes the preliminary point, alleging that there had been no new election
of board members and that the enquiry had been properly convened,
4 It was common cause that T did not have the authority to determine the legitimacy
of the constitution of either board. In these circumstances, and given that I have
been appointed to chair the disciplinary enguiry by the employer of the employee, I
found that the disciplinary enquiry was to proceed, subject to a court order directing
otherwise (“preliminary point finding").