ANA reporter
The DA on Sunday called for National Assembly labour committee chairwoman Lumka Yengeni to be removed from her post after the CCMA ruled she had flouted labour laws regarding her domestic worker.
“Mrs Yengeni has travelled the length and breadth of South Africa lambasting employers for breaking the country’s labour laws, when in fact she herself was in breach of these same laws,” DA spokesman Ian Ollis said.
As reported in the media on Sunday, Yengeni had ironically been found guilty at the CCMA of violating the country’s labour laws, and in doing so flagrantly violating the rights of her domestic worker who also enjoyed the protection of labour laws.
“This is simply unacceptable and (she) must be removed as the chairperson of the labour commitee. The DA will be calling on the ANC chief whip Jackson Mthembu and the chair of chairs in Parliament Cedric Frolick to ensure that Mrs Yengeni is removed from her position and replaced with a chairperson who in fact does care about the rights of workers,” he said.
According to media reports and CCMA documents, Yengeni had violated the rights of a domestic worker whom she fired by failing to comply with the Basic Conditions of Employment Act and other labour legislation.
Among other things, Yengeni had failed to supply a letter of appointment or an employment contract to the domestic worker and to give the worker a payslip; the worker was not given leave and never paid for any leave; was not paid double on public holidays despite being forced to work on public holidays; and the worker could not choose time off and worked in excess of the hours expected of her.
The worker was also never informed that she was registered for UIF (it appeared that this registration took place after she left); there were no deductions from the worker’s pay for UIF; the worker was on call throughout the night and far exceeded any overtime as outlined in the Basic Conditions of Employment Act; and was paid a lesser wage than another employee and thus discriminated against in breach of the Labour Relations Act.
The worker was promised a uniform and an overall and work shoes which promise was never filled thereby rendering it a breach of contract; was not allowed the legislated gap between one shift and another (in essence she was on duty 24 hours out of every 24); was employed from July 15, 2013 to February 14, 2016 without receiving any leave of any nature; and was simply informed that her employment was terminated without being given the right to a hearing or given any notice.
The worker was not given any reason for the termination of her employment – a complete breach of the employees’ rights in terms of the Labour Relations Act; and had not received any sort of reference of any nature thereby effectively abusing her right to try and find alternative employment.
Ollis said this behaviour by a public representative, much less the chairperson of Parliament’s labour portfolio committee, was unacceptable for two reasons.
First, Yengeni had travelled the length and breadth of South Africa lambasting employers for breaking the country’s labour laws when in fact she herself was in breach of these same laws.
Second, Yengeni, as the chairwoman of the labour portfolio committee, was responsible for oversight of the CCMA and the Labour Department, the very entities which had essentially found her guilty of being in breach of the country’s labour laws, the very laws she was charged with overseeing.
“As such Mrs Yengeni cannot continue to chair the labour committee as she now has a profound conflict of interest,” Ollis said.
Yengeni was not the first senior ANC official caught abusing workers in South Africa.
“For example, Agriculture Minister Senzani Zokwana was widely reported in the media to have paid his farmworkers R26 a day, far below the agriculture minimum wage. Both Zokwana and Yengeni have been outspoken campaigners for minimum wages and better working conditions for workers.
“Mrs Yengeni has even referred to employers as slave traders because she was purportedly ‘unhappy’ with the wages being paid. Yet she does this very thing herself.
“This shows a trend in the ANC to say one thing in public about workers’ needs and then personally abuse workers.
“This hypocrisy is simply unacceptable and in the interests of the scores of workers and labourers in SA, the DA simply cannot allow her to remain as chairperson of this committee or any committee for that matter.
“As such, she must be removed if we are to meaningfully put the rights of workers at the apex of the committee’s agenda and restore credibility to the committee itself,” Ollis said. – African News Agency