An aggrieved Nedbank former employee took the financial institution to the Labour Court in Johannesburg to overturn mutual separation agreement (MSA) between him and the bank.

Erwin Sonwabile Meth, who served as a group marketing manager at the bank, engaged in a secretive relationship with Luntu Ngcwabe, a sector head in the corporate and investment banking division. 

The affair, which transpired while Ngcwabe remained in a heterosexual marriage, eventually came to light.

Meth alleged that following the revelation of the affair, he was victimised, discriminated against, and harassed at work.

Tensions escalated during a trip to Sun City resort for the Nedbank Golf Challenge. During the trip, he stayed with Ngcwabe who was there in an official capacity.

During the course of their stay there, Meth was involved in numerous arguments with third parties including Sun City staff and damaged Sun City’s property. This troubling behaviour did not go unnoticed; Sun City provided footage of the incidents to Nedbank, prompting the bank to take disciplinary action against him.

However, rather than contest the bank’s actions, Meth chose to sign a mutual separation agreement, relinquishing his position.

In a surprising turn, he now contends that his signature was obtained under duress, rendering the agreement void.

He further faulted Sun City for sharing the footage with Nedbank which he said violated his constitutional rights and argued that the resort together with the bank were liable for the damages he suffered and claimed R45 million.

He also held Ngcwabe liable for the damages. It’s alleged the former couple had a messy breakup after dating for five years. The two have since sought protection orders against each other.

In response, Nedbank argued that the Labour Court lacked jurisdiction to address the conclusion of the MSA as the matter was settled, secondly, it was held that Meth’s statement of that claim failed to disclose a cause of action, was vague and embarrassing.

Meanwhile, Ngcwabe also argued that the court lacked jurisdiction as there was no employment relationship between him and Meth.

Sun City also distanced itself from Meth’s claims as he failed to make a case against the resort.

Presiding over the matter, acting judge Rushil Bhima noted that Meth was legally represented by attorneys and counsel and the statement of claim emanated from an attorney. However, it was badly drafted that there can be no finding other than the upholding of the exceptions of the defendants.

“In my view, in those circumstances, it would be unfair for the defendants to bear the costs associated with the exceptions which were not only well taken but, in my view, necessary,” said the acting judge.

Acting judge Bhima also mentioned that Ngcwabe was dragged to the legal battle for no reason.

As a result, Meth was ordered to pay for the legal fees of all the respondents.

His application was dismissed.

sinenhlanhla.masilela@iol.co.za

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