Suspended City of Tshwane's chief audit executive Moeketsi Ntsimane has failed in his labour court bid to stop his ongoing disciplinary hearing and get his job back.

The labour court in Braamfontein, Johannesburg, dismissed Ntsimane's urgent application with costs on Tuesday after he asked for an order to force the city to allow him to resume his duties and stop a disciplinary hearing he is facing.

Ntsimane is a former acting city manager and is currently on suspension following sexual harassment, intimidation and harassment allegations levelled against him.

He was suspended in January with a charge sheet delivered to his attorneys on April 12. He has  argued in his court application that the disciplinary process was defective and didn't comply with municipal regulations pertaining to disciplining an employee.

Ntsimane had argued in his court papers he was given one less day of the hearing date which was set for April 19, an argument which the court dismissed. The court also dismissed Ntsimane's argument that the three-month suspension had lapsed on April 22 as he was suspended on January 22 and therefore needed to be allowed back at work.

Judge Graham Moshoana found that Ntsimane failed to make a strong case for the relief he sought on an urgent basis.

"In my view, it is beyond being perspicuous that a disciplinary hearing starts when the charges are furnished to an employee. This, in my view, also settles the question when a disciplinary hearing does commences within the contemplation of regulation," Moshoana stated.

Moshoana slammed the application for wasting the court's time and opted to dismiss it with costs.

"Forever in the day, this court laments the tendency of senior employees seeking to avoid discipline by bringing spurious court applications. Without fail these types of applications are heavily opposed at huge costs which more often than not dents the public purse," he said.

Tshwane mayor Randall Williams' spokesperson Jordan Griffiths said the city welcomed the court's decision which was against an attempt by Ntsimane to stop his disciplinary hearing. He said they felt that the court's decision affirmed the disciplinary processes against Ntsimane.

"The city is fully committed to ensure that we follow due process in this regard, particularly as the discipline of section 56 managers is heavily regulated in terms of the Municipal Systems Act."

Griffiths said council has already made a decision on Ntsimane's matter to ensure that the disciplinary process goes ahead without being interrupted.

"The court [judgment] is quite damning in effectively indicating that this must be a cost order as well against the applicant as they don't want to be dealing with attempts to try and  prevent disciplinary processes taking place," Griffiths said.