28 July 2016
FOR IMMEDIATE RELEASE
The Broadcasting, Electronic Media & Allied Workers Union (BEMAWU) today secured a Labour Court order against the SABC inter alia declaring the dismissals of Mr Lukhanyo Calata, Ms. Busisiwe Ntuli and Ms Thandeka Gqubule invalid and therefore null and void.
BEMAWU also secured a cost order against the SABC wherein it has been ordered to file an affidavit within five (5) days identifying the person(s) responsible for the dismissals of the three journalists. Then within a further five (5) days the people so identified must file an affidavit giving reasons why they should not be personally held responsible for the costs.
The effect of this award is that the people responsible for the dismissals of the journalists are already held responsible for the cost. They should now convince the court why they should not pay the cost.
The matter will then be enrolled again to determine the scale on which the individual responsible for the dismissal and the SABC will be liable for the cost.
We believe this judgement will sent a strong message to the Corporate that the Labour Court will not hesitate to pierce the corporate veil and look underneath it to held individuals responsible for vexatious conduct – in particular in public entities. This judgement will also help to balance the scales slightly in favour of employees who often is up against the monitory supremacy and power of corporates and public entities.
We will relentlessly pursue the cost orders against the individuals responsible for the invalid dismissals of the journalists and the SABC.
Hannes du Buisson
Labour Court Order here.