Tshwane metro ordered to re-employ dismissed workers
“There is no end to cleaning the city. A permanent job is one where there is no reason to expect that the job will come to an end. The job will always be there and for this reason there would be no justification for employing cleaners on contract for a limited duration.”
The South African Local Government Bargaining Council (SALGBC) has ordered the Tshwane metro to reinstate workers and pay backdated salaries of about R115 000.
This is after former Tshwane employees, who were dismissed unfairly according to the council, protested outside Tshwane House since 2021.
The protestors were recently moved from Tshwane House to the Paul Kruger square in the Pretoria CBD.
They called on the metro to account for the alleged corruption and maladministration that led to 627 employees losing their jobs and being unable to claim UIF or South African Social Security Agency (Sassa) R350 grants.
ALSO READ: Former workers camp in CBD demanding money from metro
The members said they were employed in November 2019 as general workers, however. their services were terminated in November 2020, with them only receiving the termination letters days later.
The SALGBC proceedings were conducted on February 14 while the order was awarded on February 28.
During the proceedings, Divisional Head Human Capital, Victor Letshiti gave evidence that the former employees were engaged as fixed-term contract employees for 12 months.
Letshiti said the former employees were appointed as general workers and served notices of termination of employment at the expiration of their contracts.
He further disputed a Tshwane metro stamp on a letter of one of the former employees confirming permanent employment for the employee
He said as far as he could recall confirmation of employment was done centrally by Human Resources, divisional level.
SALGBC commissioner Joseph Mphaphuli told the metro that the nature of the former employees’ duties was not of a definite or limited duration.
“The former employees’ duties entailed cleaning the City of Tshwane. There is no end to cleaning the metro. A permanent job is one where there is no reason to expect that the job will come to an end.”
Mphaphuli said that jobs like cleaning would always be there and for this reason “there would be no justification for employing cleaners on contract for a limited duration”.
He said the former workers had every reason to harbour expectations for permanent employment as contemplated by the Labour Relations Act, due to the continuing nature of the job.
Mphaphuli said the former workers were entitled to the salary they would have earned for the duration of employment had it not been for the unfair dismissal.
He said the period of unemployment to the date of dispute referral for arbitration amounted to 11 months which entailed that the former employees be paid R115 000 each and the members report for duty on March 15.
“The former employees earned below the threshold specified in the Act for which reason they fall under these provisions. Further, Tshwane’s conduct in terminating the former employees’ services constituted a contravention of Section 198 B (3).
“The dismissals were unfair,” Mphaphuli said.
The workers’ leader, Cedric Cele said he was ecstatic that the members had to report for duty on March 15 and municipality pay arrears.
“That’s the arbitration ruling. It’s final and binding,” Cele said.
Cele said the metro had to be held accountable as employees didn’t have to go through months of torture while dealing with a pandemic and other financial and personal matters.
“It was shameful! They never thought that their lies will be exposed. People have been sinking in debt due to their [metro] immoral and illegal conduct.”
He said the former employees were excited.
“They can’t wait to go back to work and perform their duties to improve service delivery.”
He said this victory was a step forward for many employees.
“They should not abuse their positions by taking irrational decisions and removing food from one’s mouth to fill their own. That must end,” he said.
The Tshwane metro has yet to comment regarding the matter.
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