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Fin24 reports that Clinton Cilliers from Rustenburg is set to receive a substantial sum in compensation from the Gupta-owned Westdawn Investments, trading as mining outsourcing company JIC Mining Services.
The mine captain was reinstated and awarded R287,880.00 in back pay. He was dismissed in August 2014 for "gross misrepresentation, dishonesty and gross dereliction of duties". After the CCMA was unable to conciliate the dispute, the matter proceeded to arbitration. The commissioner ruled that Cilliers’ dismissal on all three charges were substantively unfair. The commissioner found Cilliers was employed for almost 10 years with JIC with no negative disciplinary record and, moreover, contributed immensely to his employer’s operation by working abnormal hours without extra remuneration. The commissioner also found that representatives of the employer had lied to the commissioner during the arbitration proceedings in order to unlawfully gain a postponement. The employer was ordered to pay Cilliers’ costs in respect of the postponement. Cilliers, in compliance with the ruling, subsequently returned to work on 3 March 2015, but was refused access to the workplace. “The employer has now also indicated it intends reviewing the ruling granted by the commissioner,” said the employee’s attorney of Adams & Adams.
- This report is at Fin24
- Read too, Gupta firm refuses to reinstate employee, on page 15 of Business Report of 5 March 2015
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