Today's Labour News

TOP STORY

Andile Ngcaba sues Dimension Data for R430m over alleged race-based pay discrepancy

SowetanLive reports that businessman Andile Ngcaba has filed a R430m civil law suit in the High Court in Johannesburg against his former employer, Dimension Data, alleging discrimination and unfair remuneration practices.  Ngcaba, who served as the executive chairperson of Dimension Data Middle East and Africa from 2004 to 2017, has accused the IT giant of failing to honour an equal remuneration oral commitment that he allegedly got from the company’s global CEO at the time, Brett Dawson.  In court papers, Ngcaba said Dawson indicated he would “always be compensated or remunerated in a manner which was either equal to or better than other senior executives”.  Ngcaba further claimed he learnt in April 2016 that the company breached the equal treatment agreement that Dawson had made with him as it excluded him from a long-term incentive scheme that the other executive directors, who were mainly white, benefitted from.  Ngcaba said when he raised this matter with current executive chairperson Jeremy Ord, he allegedly told him that he had other options as he was in line to make “extraordinary amounts of money out of his BEE shares”.  “Such utterances and articulations were received ... as constituting racially discriminatory slurs and insults specially and unfairly reserved for black business persons such as himself,” Ngcaba said in the court papers.  In 2017, Ngcaba lost a case a CCMA case against the company over its alleged discrimination and unfair remuneration practices.  The CCMA found that the delay of 15 months in referring the alleged unfair labour practice to it was “wanting and not reasonable at all”.  “The CCMA never delved into the matter because of its narrow time frame requirements. The matters tabled at the high court are different,” said Ngcaba's spokesperson.  Dimension Data denies discriminating against Ngcaba.  In court papers, the company said Ngcaba could not benefit from the same incentive scheme as other executives as he already enjoyed benefits in another equity empowerment deal with the company.  It said no executive was allowed to participate in more than one long-term equity scheme.

Read the full original of the report in the above regard by Penwell Dlamini at SowetanLive. Read too, 'Pay me what you paid the white men', claims former executive of IT giant, at Sunday Times (paywall access only). And also, Ngcaba fights for his R430 million, at City Press (paywall access only)

OCCUPATIONAL HEALTH & SAFETY

Cape Town paramedics on their way to meet police escort in Khayelitsha robbed and shot at

News24 reports that an ambulance crew was robbed and then shot at in Khayelitsha while on their way to meet up with the police who were going to escort them to the patient they were there to assist.  The Melomed 24 ambulance crew was on its way to meet the police escort in line with the protocol for high risk "red zones" where ambulance crews have been attacked before.  They were attacked around 14:45 on Friday before they could reach their escort.  "Melomed 24 ambulance strictly complies with this protocol and policy, so before going to this patient the control room made contact with the police, however the paramedics were attacked prior to reaching the police station as they entered the red zone," said Melomed’s Shameema Adams.  One of the ambulance crew was robbed of a cellphone and as the robbers were trying to get hold of the wallets of the rest of the crew, the ambulance driver sped off, but the robbers started shooting at the vehicle.  "The paramedics are extremely fortunate not to have been hit, but sadly [are] traumatised and we are providing full support and counselling to our staff," said Adams.  Based on this very serious and disturbing event, Melomed 24 is apparently re-evaluating whether it should continue servicing patients within the so called red zones.  Arrangements were made for another ambulance to be sent out to the ill person.  

Read the full original of the report in the above regard by Jenni Evans at News24

Alleged murderers of off-duty cop in Eldorado Park arrested within 24 hours

News24 reports that two people have been arrested for the murder of an off-duty police officer in Eldorado Park, Johannesburg.  The arrests came just 24 hours after the fatal shooting of a crime intelligence warrant officer on Thursday evening in Extension 1, Eldorado Park.  The police officer was talking to an acquaintance when one of the suspects approached and allegedly fired shots directly at him, Hawks spokesperson Colonel Brenda Muridili indicated.  He was declared dead on the scene after sustaining multiple gunshot wounds to his upper body.  "The province then ordered the immediate mobilisation of the 72-hour activation plan, on which the intelligence-led integrated team – comprising the Directorate for Priority Crime Investigation (Hawks), K9 Units of the JMPD (Johannesburg Metropolitan Police Department) and the SAPS in Soweto, the Specialised Law Enforcement Unit from Gauteng Traffic Police, and other law enforcement disciplines – responded and within 24 hours traced and arrested two suspects, aged 35 and 40, in Eldorado Park," Muridili reported.  The motive for the murder of the police officer was yet to be determined.

Read the full original of the report in the above regard by Nicole McCain at News24

SOEs IN CRISIS

Ramaphosa urges new Presidential State-owned Enterprises Council to work quickly on rescuing struggling state firms

ANA reports that President Cyril Ramaphosa wants the Presidential State-owned Enterprises Council (PSEC), which he appointed in June, to work quickly towards repositioning struggling state-owned enterprises (SOEs) as effective instruments of economic transformation and development.  In a statement after Ramaphosa met the council on Thursday, the Presidency said he had called on it to work with haste to ensure “prioritisation of those SOEs which can have a greater impact on the economy, mobilisation of private capital and increased operational efficiencies in support of improved national output”.  The council, led by Deputy President David Mabuza and comprising cabinet ministers as well as prominent people from the business community, labour and academia, needs to identify measures necessary to stabilise and strengthen state firms’ financial and operational performances and reduce their reliance on government funding.  “The council resolved to set up work streams in response to the areas of priority identified, to commence work immediately, and report back to the president by January 2021 when the next meeting is expected to be convened,” Ramaphosa’s office said.

Read the full original of the report in the above regard at Engineering News

Millions paid to consultants since SAA went into business rescue

Business Times reports that consultants working in the first five months of the business rescue process in respect of state-owned airline SA Airways (SAA) cost the taxpayer almost R170m.  Documents filed by the airline's joint business rescue practitioners (BRPs), Les Matuson and Siviwe Dongwana, with parliament's standing committee on public accounts show that between January, when SAA's business rescue process started, and May 2020 more than R169m was paid to six consulting firms.  Yet, appearing alongside the BRPs in parliament in June, public enterprises minister Pravin Gordhan said that despite the business rescue process costing the public purse millions, there was little value to show for it.  At the time, Dongwana and Matuson said their use of the consultants was not outside the norm given the size and complexity of the first state-owned enterprise to be placed in business rescue.  The details of the payments came last week as information of years of corruption and malfeasance were laid bare at the judicial inquiry into allegations of state capture chaired by deputy chief justice Raymond Zondo.  And earlier in the week the National Union of Metalworkers of SA (Numsa) called out the Department of Public Enterprises after it learnt that Adam Voss, the departed CEO of SAA Technical (SAAT), had paid himself an R830,000 bonus on the eve of his departure from the company last month.  At the airline, engineers and other staff were recently made to take pay cuts of 75% due to the Covid-related shutdown of air travel.

Read the full original of the report in the above regard by Sabelo Skiti at BusinessLive (paywall access only)

MINING LABOUR

Slain anti-mining activist ‘refused bribe’

Sunday Times reports that a brazen attempt to “buy off” community leaders blocking a huge coal-mine expansion in KwaZulu-Natal (KZN) has raised new questions about the assassination of anti-mining campaigner Fikile Ntshangase.  Ntshangase, 63, was shot dead last month after refusing an alleged R350,000 bribe.  She had threatened to tell who had offered her the bribe and of a meeting between mine management and community leaders at which payoffs were discussed.  Many in the area of the Somkhele coal mine who supported Ntshangase now fear for their lives.  Documents claim that two men, Phillip Zwane and Nkosi Mlambo, appear to have tried to get money for persuading the community in the Mkhuze area to withdraw court cases lodged against Tendele Coal Mining.  Two affidavits link Zwane and Mlambo to the bribe claims.  One states that the men claimed to be acting for Tendele.  Minutes of a Zoom meeting on 19 April claim that Tendele CEO Jan du Preez and community development manager Nathi Kunene met Zwane and Mlambo, who were members of anti-mining lobby Mfolozi Community Environmental Justice Organisation.  Ntshangase was a member of the group, which is a party to court cases over a planned 220ha expansion of the mine.  One case went to the Supreme Court of Appeal last week.  Another is scheduled for the High Court in Pretoria next year.  Last week Du Preez and Kunene confirmed that Zwane and Mlambo had approached Tendele to say that the lobby group would postpone the case if R350,000 was arranged.  They said Zwane and Mlambo wanted the cash and would persuade the group to quit the court actions.  This request for compensation was apparently refused by Tendele.  The allegations of the bribes came after Ntshangase's murder on 22 October.

Read the full original of the detailed report in the above regard by Matthew Savides & Orrin Singh on page 1 of Sunday Times of 8 November 2020

RETRENCHMENTS / JOB CUTS

Retrenchments looming at SA Qualifications Authority, with almost a third of jobs set to be cut

City Press reports that the SA Qualifications Authority (Saqa) is in the process of retrenching almost one-third of its employees to keep itself afloat.  According to disgruntled employees, the entity, which receives budget allocations from the Department of Higher Education, Science and Innovation under Minister Blade Nzimande, is set to retrench 71 workers, allegedly without consulting them.  Apparently, the posts to be affected include those of four directors, eight deputy directors, 15 assistant directors, 24 administration officers and 20 secretaries and administration clerks.  All the positions are based in Pretoria.  Saqa acting CEO Julie Reddy advised that invitations to staff and union representatives to hold consultations were issued on 1 October, after various scenarios were presented to the board by management.  The consultation process, which is being facilitated by an independent commissioner appointed by the CCMA, is set to conclude later this month.  Retrenchments will only be instituted after it has ended.  Non-unionised workers have reportedly made submissions to Saqa against the decision to retrench workers.  In one document, workers said they were deeply committed to Saqa and its future, and urged the entity to lobby government to increase its budget.  Reddy confirmed that 71 of 180 workers could be retrenched, and the process would most likely begin on 1 December.  However, she said more employees could be affected if the process were to be delayed until next year.  Like many other entities, Saqa has been adversely affected by the Covid-19 pandemic lockdown in deriving adequate revenue from its income-generating services and it has already lost seven months of forecasted revenue.   Nzimande’s spokesperson commented:  “The department does not support any staff retrenchments, including at Saqa.”

Read the full original of the report in the above regard by Msindisi Fengu at City Press (paywall access only)

QUALIFICATIONS

Limpopo premier orders probe into senior official's qualifications as labour spat with Nehawu deepens

News24 reports that Limpopo Premier Stan Mathabatha has ordered an investigation into allegations that a senior official in his office misrepresented his academic qualifications to land a lucrative post.  The investigation comes after the National Education, Health and Allied Workers' Union (Nehawu) wrote to the premier and claimed that the appointment of Michael Maseko as the head of labour relations was irregular.  The premier's spokesperson, Willy Mosoma, pointed out that the appointment was made before Mathabatha was inaugurated as premier.  But, he added:  "Even though the premier is not responsible for recruitments, appointments and [the application of the] disciplinary code of conduct [for] officials, Premier Mathabatha has since acted swiftly by directing administration to conduct investigations in line with [the] Labour Relations Act."  The union has accused Maseko of misrepresenting his academic qualification in his curriculum vitae.  Documents the union presented to Mathabatha show that the four-month course Maseko acquired could not be verified at the time of his appointment because the college had "closed down".  Nehawu has demanded Maseko's resignation and wants him to pay back the money he earned.  But Maseko has accused the union of being "disingenuous" and claims that its branch officials were trying to derail charges of misconduct that he has been investigating against them.

Read the full original of the report in the above regard by Russel Molefe at News24

HIGHER EDUCATION / NSFAS

Solidarity writes to warn NSFAS to stop its alleged non-payment of students' study fees

News24 reports that Solidarity has written to the National Student Financial Aid Scheme (NSFAS) warning it to stop its alleged non-payment of study fees to tertiary institutions.  According to the trade union, several students were recently informed by their respective tertiary institutions that NSFAS "failed to pay their study fees".  "Students depend on bursary funds to study and to complete their studies.  To be informed out of the blue that one's study fees have not been paid, comes as a huge shock, especially for a student who, as it is, cannot afford to carry this type of cost on his or her own," Solidarity's Paul Maritz said in a statement last week.  As a result, Solidarity sent a letter insisting that NSFAS should resume all its obligations immediately and undertake to meet its contractual and statutory obligations as set out in bursary agreements.  "These students have all applied successfully for the bursaries, but NSFAS simply stopped paying without giving any reason.  Solidarity cannot allow such failure by NSFAS to be merely accepted.  When an agreement is entered into, both parties must abide by it.  Solidarity will therefore not hesitate to take further legal action should NSFAS not comply with these demands," Solidarity head of labour law services Anton van der Bijl indicated.  NSFAS administrator Dr Randall Carolissen responded by saying a legal office was dealing with the matter and there would be no further comment on the issue.  The scheme claimed, however, that it had not failed to make payments to students and institutions.  Meanwhile, the financial aid scheme was also a source of concern for the Portfolio Committee on Higher Education, Science and Technology due to delays in the finalisation of the NSFAS audit by the Auditor-General of SA (AGSA).

Read the full original of the report in the above regard by Canny Maphanga at News24

NSFAS rocked by jobs-for-pals claims, with administrator admitting to sending CVs of friends to HR

News24 reports that on Friday, MPs expressed their horror about alleged mismanagement at the National Student Financial Aid Scheme (NSFAS).  In a marathon meeting, NSFAS employees briefed the Portfolio Committee on Higher Education, Science and Technology.  This followed a meeting on 9 October, when allegations were first levelled against NSFAS administrator Randall Carolissen by the National Education, Health and Allied Workers’ Union (Nehawu).  The union has since withdrawn from the process after engaging with Minister of Higher Education, Science and Technology, Blade Nzimande, and NSFAS.  Many of the allegations centred on people appointed to NSFAS who have some form of relationship with Carolissen.  The employees said they were unilaterally moved to other positions or had duties taken away from them, and were subjected to spurious disciplinary proceedings.  At least 10 people known to Carolissen were appointed to senior positions, allegedly without proper recruitment processes being followed.  Carolissen admitted to knowing some of the persons.  He said he received CVs which he forwarded to the human resources department, but claimed he was not involved in any appointment processes, unless it was someone reporting directly to him.  He stated that the allegations were clearly intended to "bring the administration into disrepute".  ANC MP Jane Mananiso indicated that she was very concerned that Carolissen, by his own admission, sent CVs to the human resources department, and all the people whose CVs he sent, were appointed.  The committee intends to call some of Carolissen's acquaintances who were appointed to testify before it at a future meeting.  It will also take a close look at NSFAS's procurement processes.

Read the full original of the report in the above regard by Jan Gerber at News24

Other internet posting(s) in this news category

• Parliament to hold inquiry into NSFAS corruption allegations, at BusinessLive

DICIPLINARY HEARING

Two arrested for alleged hits on participants in disciplinary hearing that resulted in dismissal

News24 reports that two men have been arrested for allegedly targeting those involved in a disciplinary hearing against one of the accused.  One of the suspects, a former employee of a company in Pietermaritzburg, was dismissed after arriving at work intoxicated.  He was subjected to an internal disciplinary hearing.  "All those who were part of the hearing, including witnesses, were attacked," police spokesperson Colonel Thembeka Mbele reported.  A security guard was shot and wounded at Imbali in January 2019.  The presiding officer had his vehicle and home at Sweetwaters set alight and received death threats in July 2019.  Another security guard and his son were fatally shot at their home at Snathing location in January 2020.  "These cases were reported to the Plessislaer police station and were assigned to the Provincial Organised Crime Investigation Unit.  On 5 November 2020, police arrested two men and they were charged," Mbele said.  The two men, aged 38 and 43, will appear at the Pietermaritzburg Magistrate's Court on Monday.  They face charges of murder, attempted murder, intimidation, malicious damage to property and arson.  The investigation was ongoing and more arrests could not be ruled out, Mbele said.

Read the original of the report in the above regard by Nicole McCain at News24

COMMUTING / TRANSPORT

Operator of Golden Arrow keen on running passenger rail service in Cape Town

Engineering News reports that Hosken Passenger Logistics & Rail (HPL&R), which among other services operates the Golden Arrow bus service in Cape Town, is interested in expanding its operations to become a private participant in the rail sector.  HPL&R is the majority-owned subsidiary of the Hosken Consolidated Investment group and its current portfolio is rooted in the commuter bus and luxury coach segments, through HPL&R’s principal subsidiary, Golden Arrow Bus Services.  In 2018 HPL&R invested in a comprehensive, unsolicited public-private-partnership- (PPP-) compliant proposal to the national and Western Cape departments of transport, as well as to the Passenger Rail Agency of SA (Prasa), which operates Metrorail.  The proposal, which was still valid said Dyke-Beyer, was for a pilot project rail corridor concession based on a collaborative model comprising HPL&R, Prasa and the national Department of Transport.  But, various administration changes at national level delayed the process.  However, several announcements in recent months from government around the potential concessioning of railway operations have again boosted the potential of the HPL&R project.  “The pilot project rail corridor concession is the ideal vehicle for us to demonstrate what a dedicated HPL&R team can achieve through scrupulous attention to detail and a proven track record of operational excellence,” said Dyke-Beyer.  Should government approve HPL&R’s PPP proposal, it is envisaged that it will take up to five years to stabilise the rail service on the Southern line.

Read the full original of the report in the above regard at Engineering News

OTHER HEADLINES OF INTEREST

• Editorial: Will extended Ters deplete the UIF? at BusinessLive
• Covid-19 divides and weakens SA’s nuclear sector, at Moneyweb
• SCA postpones Helen Suzman Foundation's appeal in IPID head renewal process, at News24