Latest news with #CCMA
The Citizen
an hour ago
- The Citizen
CCMA orders municipality to pay workers' wages fired after one day
CCMA ruled that each worker receive their full annual salary of more than R160 000 as compensation. The Commission for Conciliation, Mediation and Arbitration (CCMA) recently ordered Gamagara municipality in the Northern Cape to pay six workers 12 months' compensation each after unfairly dismissing them a day after they were employed. The women were hired as general assistants on 1 July 2025, but were dismissed the following day without a valid reason. CCMA ruled that each worker receive their full annual salary of more than R160 000 as compensation. Workers called for interviews in February The dispute began when the workers were called for interviews in February 2025 in Kathu. On 18 June 2025 they received calls for them to sign appointment letters. The appointment letters indicated they would commence work on 1 July. When the six workers arrived at the municipality on 1 July, they were told to wait for their personal protective equipment. They performed no actual work on their first day. 'At the end of the day, they were told to report the following morning at 7.30am for induction,' according to the Orange Farm Human Rights Advice Centre. ALSO READ: Here's why employers can't use NDAs to hide harassment in the workplace Immediate dismissal and positions re-advertised When the workers arrived on 2 July, they were served with letters withdrawing their appointment letters. The letters said that an error was made when the shortlisted names were printed, hence the withdrawal. Worker Itlotlo Tong testified that they did not agree with the assertion that an error was made. 'There was no hearing, they were just terminated with immediate effect,' she said in her testimony. The municipality's HR manager, Appie Kabelo, served them with both the original appointment and withdrawal letters. The workers were never told who were the correct names that were supposed to be appointed. On the same day as the dismissals, the municipality re-advertised the same positions. The only difference was that the positions were originally advertised as external positions but were now advertised as internal positions. CCMA default award The workers contacted the Orange Farm Human Rights Advice Centre for support in bringing their cases to the CCMA. According to the award, the municipality failed to appear at the hearing despite proper notification. Before proceeding with the default arbitration, commissioner Amogelang Shadrack Bacwadi contacted municipal manager Lebogang Seetile, who confirmed the CCMA had served the correct email address of the human resource manager. Seetile told the mediator that he did not know why HR did not attend the proceedings. ALSO READ: Clicks nurse says she was 'victimised for reporting sexual harassment' CCMA commissioner's scathing criticism Bacwadi delivered a harsh criticism of the municipality's actions in his award. 'The reason for withdrawal of the appointment letters as stipulated in the withdrawal letters is a lame excuse, for the mere fact that the same positions were re-advertised as internal positions,' he ruled. The commissioner noted that the workers were issued appointment letters on 19 June 2025 to start 1 July 2025 and these letters were issued by HR. During this time, the workers were never informed about any error in terms of their appointment. 'The reason for the withdrawal is therefore strange, improbable and unacceptable,' Bacwadi said. Impossible error claims rejected The commissioner rejected the municipality's explanation entirely. 'If it was indeed as claimed, this should have at least been picked up before the applicants could even report for work. The same person who issued the applicants with the appointment letters was the same person who issued them with the withdrawal letters (HR),' he noted. Bacwadi questioned when the HR manager became aware of the supposed error. He pointed out that when workers reported for work on 1 July this was never brought to their attention. Instead, they were told about their personal protective equipment and that they would be informed when to come for their induction. 'It is impossible that that there could have been an error,' the commissioner said. ALSO READ: Dead man's estate wins R800k from police minister for unlawful arrest and detention Legal precedent applied In his legal analysis, Bacwadi referenced the case of Wyeth SA (Pty) Ltd v Manqele, noting that the Labour Appeal Court found that a person becomes an employee the moment an employment contract is signed, even before commencing work. The commissioner applied section 192 of the Labour Relations Act, which places the burden of proof on employers to show dismissals were fair. 'The applicants established in their evidence they were dismissed. The onus rests with the employer to prove on a balance of probabilities that the dismissal of the applicants was procedurally and substantively fair,' he ruled. Government institution held to higher standard Bacwadi emphasised that municipalities must meet higher standards as government institutions. He noted that municipalities are responsible for providing local services, including employment and must have competent HR personnel. 'Considering that the employer is a government institution that is expected to have competent HR personnel who are well vested in the labour laws of this country and are expected to abide by them, I am of the view that the employer disregarded the labour laws of this country in dismissing the applicants in the manner that they did,' Bacwadi ruled. CCMA commissioner justifies year's worth wages The commissioner concluded that maximum compensation was warranted given the circumstances. He found that the municipality failed to comply with requirements that dismissals should be for fair reasons and follow fair procedures. 'There is no evidence that suggest that they contravened any rule when they were dismissed on 2 July 2025. I therefore find that the dismissal was not appropriate and it is unfair. Final CCMA award details 'I find that the dismissal of the applicants by the employer (Gamagara municipality) was procedurally and substantively unfair.' The award orders compensation of 12 months' salary for each worker, though the written award contains an apparent error stating 'six months' salary' in one paragraph while consistently referring to 12 months elsewhere and in the actual compensation amounts. The municipality must pay each of the workers R162 935 by August 30, 2025. If the municipality fails to pay by the deadline, interest will accrue at the prescribed rate for judgment debts as set out in the Prescribed Rate of Interest Act of 1975. Victory during women's month Patrick Mlaba from the Orange Farm Human Rights Advice Centre celebrated the victory. 'What is important is that at least during Women's Month, we did something to further and honour their celebration and this should be an achievement to all women out there,' Mlaba said. The Orange Farm Human Rights Advice Centre expressed satisfaction with the outcome, saying it was 'very pleased with this victory of the women workers'. READ NEXT: Man accused of eating 'smelly' lunch dismissed after taking company to court
The Citizen
3 days ago
- Business
- The Citizen
Here's why employers can't use NDAs to hide harassment in the workplace
NDAs are generally enforceable under South African contract law, provided they are reasonable in scope and duration, and do not violate public policy. Non-disclosure agreements (NDAs) have been criticised for silencing victims of workplace harassment in several jurisdictions. However, unlike most countries, South Africa's legal framework provides protection against workplace harassment. If an NDA is found to be used to cover harassment, the employer could remain liable, regardless of the existence of the agreement. An NDA is a legally binding contract that ensures confidential information shared between parties remains private. This agreement is important for protecting trade secrets, business plans and other confidential data. Dhevarsha Ramjettan, partner at Webber Wentzel law firm, says NDAs are generally enforceable under South African contract law, provided they are reasonable in scope and duration, and do not violate public policy. ALSO READ: Can you get fired for being racist? Here is what employers and employees need to know Acts protecting employees The Labour Relations Act 66 of 1995 (LRA), the Employment Equity Act 55 of 1998 (EEA), and the Protected Disclosures Act 26 of 2000 (PDA) offer protections to employees who report harassment or discrimination. 'While the EEA does not expressly prohibit NDAs, any agreement that silences victims of harassment or discrimination arguably undermines the purpose of the EEA,' says Ramjettan. 'Section 6 of the EEA prohibits unfair discrimination and harassment. Victims may not be prevented from reporting such conduct to the Commission for Conciliation, Mediation and Arbitration (CCMA), Labour Court or Equity Court.' Harassment in a workplace She says the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (Harassment Code), issued under the EEA, aims to eradicate all forms of workplace harassment. It provides a formal mechanism for reporting discrimination or harassment. 'The Harassment Code also holds employers vicariously liable for employees' conduct unless they can demonstrate that reasonable steps were taken to prevent and address such behaviour. 'These provisions arguably prohibit the use of NDAs to silence complainants or avoid accountability.' ALSO READ: Corporate Mental Health Week: Is your boss a narcissist or a psychopath? Act that overrides NDAs Kanyiso Kezile, trainee attorney at Webber Wentzel, says section 2 of the PDA provides that any clause in a contract of employment or other agreement that seeks to exclude or waive rights under the PDA is void. This includes agreements preventing the institution or continuation of proceedings under the PDA. This statutory override invalidates any NDA (or other contractual term) that seeks to silence whistleblowers. 'Notably, the PDA defines disclosure broadly as any disclosure of information about the conduct of an employer or employee, made by a person who reasonably believes that the information shows, among other things, unfair discrimination as contemplated in the EEA or the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (PEPUDA).' Mental health of employees He adds that under the Occupational Health and Safety Act 85 of 1993 (OHSA), employers are obligated to provide a working environment that is safe and without risk to employees' health, which includes the mental health of employees. 'If employers rely on NDAs to conceal harassment rather than address the underlying issues, they may fail to meet this obligation. As a result, contracts attempting to circumvent these responsibilities may be rendered unenforceable.' It is advisable that employers carefully review settlement agreements to ensure compliance with statutory obligations under the relevant legislation. 'Any clauses that prevent employees from reporting harassment or discrimination to regulatory bodies such as the CCMA, Labour Court, or Equity Court should be avoided, as these are likely to be deemed unenforceable and contrary to public policy.' NOW READ: Can a company to be held liable for employee's suicide?
IOL News
3 days ago
- Business
- IOL News
Labour Court orders Cashbuild to reinstate manager, slams CCMA for overreach in R463,000 back-pay ruling
Cement Deal Ends in Court Shock Image: File What started with the sale of 10 discounted bags of damaged cement — and ended with no delivery for three months — has now seen the Labour Court order Cashbuild to reinstate its dismissed Mqanduli branch manager over procedural disciplinary issues. The court, in what was Port Elizabeth, found that the Commission for Conciliation, Mediation and Arbitration (CCMA) overstepped in awarding Luvolwethu Dyani 18 months' back pay worth R463 840.38 as it upheld overturning Cashbuild's decision to fire him. In October 2022, the CCMA ruled Luvolwethu Dyani's dismissal was both substantively and procedurally unfair, ordering his reinstatement with Cashbuild. Cashbuild took the matter to the Labour Court in Gqeberha, arguing that the CCMA ignored key evidence and misapplied the facts. The saga began in December 2020, when a customer, Mzwandile Mdunyelwa, bought and paid for ten bags of damaged cement at a discount. Cashbuild doesn't normally deliver such stock, but because the men knew each other, Dyani agreed to arrange it. The bags were never set aside or sent and instead sold to another customer. Over the next three months – December to February – no replacement was delivered despite payment being made. Mdunyelwa complained to head office in March 2021, prompting an investigation which confirmed the cement had been sold elsewhere. Only then did Dyani arrange for undamaged bags to be delivered, this time at full price. Dyani was charged with poor customer service/gross negligence and bringing the company name into disrepute. A disciplinary hearing in March 2021, held without him, led to his dismissal, and his internal appeal the next month was unsuccessful. Then, Dyani went to the CCMA, which found that he should be reinstated with 18 months' salary because his 'dismissal was both substantively and procedurally unfair'. Cashbuild took the matter to the Labour Court, arguing that the CCMA didn't fairly consider the evidence, effectively discarding what it presented. It said that the CCMA, 'being confronted with two mutually contradictory versions, did not discharge his duty and function to determine what evidence to accept'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, it was determined that some of Cashbuild's allegations featured 'for the first time during the arbitration proceedings' and not during the disciplinary hearing. The judge also noted that some evidence, about there being bags of cement available to distribute, was not presented during the disciplinary enquiry or the appeal hearing. The judge did note, however, that it was 'unacceptable for a customer to pay for bags and then to wait for three months to receive the bags' and that 'the complaint to the head office was a valid complaint given the third respondent's negligence in this regard'. The court said that the CCMA's payout decision was 'one that a reasonable decision maker could not reach' and cut it to four months' salary – R103 075.64. It also found that while Dyani had been negligent, dismissal was too harsh, and a final written warning was the more appropriate sanction. Dyani must return to work within two weeks, with Cashbuild paying the reduced back pay in the same period. IOL
IOL News
3 days ago
- Business
- IOL News
Labour Court orders rehire after 3-month delivery debacle
Cement Deal Ends in Court Shock Image: File What started with the sale of 10 discounted bags of damaged cement — and ended with no delivery for three months — has now seen the Labour Court order Cashbuild to reinstate its dismissed Mqanduli branch manager over procedural disciplinary issues. The court, in what was Port Elizabeth, found that the Commission for Conciliation, Mediation and Arbitration (CCMA) overstepped in awarding Luvolwethu Dyani 18 months' back pay worth R463 840.38 as it upheld overturning Cashbuild's decision to fire him. In October 2022, the CCMA ruled Luvolwethu Dyani's dismissal was both substantively and procedurally unfair, ordering his reinstatement with Cashbuild. Cashbuild took the matter to the Labour Court in Gqeberha, arguing that the CCMA ignored key evidence and misapplied the facts. The saga began in December 2020, when a customer, Mzwandile Mdunyelwa, bought and paid for ten bags of damaged cement at a discount. Cashbuild doesn't normally deliver such stock, but because the men knew each other, Dyani agreed to arrange it. The bags were never set aside or sent and instead sold to another customer. Over the next three months – December to February – no replacement was delivered despite payment being made. Mdunyelwa complained to head office in March 2021, prompting an investigation which confirmed the cement had been sold elsewhere. Only then did Dyani arrange for undamaged bags to be delivered, this time at full price. Dyani was charged with poor customer service/gross negligence and bringing the company name into disrepute. A disciplinary hearing in March 2021, held without him, led to his dismissal, and his internal appeal the next month was unsuccessful. Then, Dyani went to the CCMA, which found that he should be reinstated with 18 months' salary because his 'dismissal was both substantively and procedurally unfair'. Cashbuild took the matter to the Labour Court, arguing that the CCMA didn't fairly consider the evidence, effectively discarding what it presented. It said that the CCMA, 'being confronted with two mutually contradictory versions, did not discharge his duty and function to determine what evidence to accept'. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ However, it was determined that some of Cashbuild's allegations featured 'for the first time during the arbitration proceedings' and not during the disciplinary hearing. The judge also noted that some evidence, about there being bags of cement available to distribute, was not presented during the disciplinary enquiry or the appeal hearing. The judge did note, however, that it was 'unacceptable for a customer to pay for bags and then to wait for three months to receive the bags' and that 'the complaint to the head office was a valid complaint given the third respondent's negligence in this regard'. The court said that the CCMA's payout decision was 'one that a reasonable decision maker could not reach' and cut it to four months' salary – R103 075.64. It also found that while Dyani had been negligent, dismissal was too harsh, and a final written warning was the more appropriate sanction. Dyani must return to work within two weeks, with Cashbuild paying the reduced back pay in the same period. IOL
CTV News
4 days ago
- Entertainment
- CTV News
Canadian country music star to play Dakota Dunes Casino
Dallas Smith accepts the Fans' Choice award at the Canadian Country Music Awards in Calgary, Alta., Sunday, Sept. 11, 2022. THE CANADIAN PRESS/Jeff McIntosh One of Canada's most celebrated country artists is bringing his Unplugged Full Band Tour to Saskatchewan this fall for an intimate, stripped-down show. Three-time CCMA Entertainer of the Year Dallas Smith and his band will perform Nov. 6 at Dakota Dunes. The tour is described as an experience of stories and songs behind the hits, in an unforgettable night of music. Smith has gone from the frontman of Platinum-selling rock band Default to one of the most successful Canadian country musicians of his generation, with 21 Gold singles and 640 million global streams. Smith recently made his Grand Ole Opry debut and released a self-titled album. Canadian country musician Brock Phillips will serve as the opening act at the 19+ concert. Early access pre-sale tickets go on sale Aug. 13, with general tickets available Aug. 15.
