Durban - A group of 11 workers who were allegedly unfairly fired by the KwaZulu-Natal Department of Transport have filed a complaint with the General Public Sector Bargaining Council over a commissioner whom they accuse of failing to do her job.
The workers were hired by the department for the Vukayibambe project which involves employing community members to repair rural roads.
The duration of the work was two years. However, the 11 workers’ contracts were terminated after eight months when the department claimed that they were wrongly hired because they were over the age of 35.
The department, as seen in letters sent to the workers, claimed that the job opportunities were solely meant for people between the ages of 18 and 35. It was not clear how the over-aged employees were employed.
“This letter serves to inform you… that your employment contract with the Department of Transport EPWP Vukay'bambe Routine Road Maintenance Programme, is terminated as of 20/02/2020… The employment contract has been terminated for the following reason(s): The EPWP VRRM Programme is initially aimed at empowering the unemployed youth (18-35 years of age) within the KwaZulu-Natal province and since you are above the age limit that is prescribed for this programme, you can no longer be part of the programme,” says one of the letters sent to the employees.
When they were fired, the United Chemical Industries Mining Electrical State Health and Aligned Workers Unions took over their case and challenged their dismissal at the bargaining council.
According to one of the workers involved, the matter was heard by a committee chaired by Professor Sanjay Balkaran who was assigned by the council.
“The dispute was presided over by him on May 14, 2021 and May 31, 2021 and all arguments were concluded. “In terms of CCMA (Commission for Conciliation, Mediation and Arbitration)/bargaining council, an award is issued within 14 days of the finalisation of the argument.
“We are faced with the situation where the commissioner disappeared without giving an outcome.
“There were 11 employees whose contract of employment was terminated prematurely. They were appointed on May 19, 2019, for 24 months, but their contract was terminated eight months before the expiry time,” said one of the affected former employees, who has since run into financial difficulties after the ordeal.
The secretary-general of the union in the eMpangeni region, northern KwaZulu-Natal, Bheki Shabane, confirmed that they were representing the workers and were having difficulty because even the council told them it was struggling to get hold of Balkaran.
“The bargaining council is also failing to assist in forcing the commissioner to release the award.
“Mind you, this has taken over a year to be issued yet the law is clear that an award should be made within 14 working days after the hearing,” Shabane said. Shabane produced a letter showing that the council’s dispute resolution officer, Phuff Kgofelo approached the CCMA about the conduct of Balkaran.
“We confirm receipt of your complaint and request to compel the commissioner to submit the award.
“Please be advised that a request has been advanced to CCMA for intervention in the failure of the commissioner to submit awards. You will be kept posted of the development in this regard,” Kgofelo wrote to the union in April this year.
In another letter which was sent by Kgofelo to Shabane after Balkaran claimed he had sent the award, it was claimed that his address was not known, hence the difficulty in tracing him. Balkaran told the Daily News he could not speak to the media.
“Afternoon – I am contracted by the bargaining council and cannot make any comments to the media,” he said.
Daily News