It's not over yet for Mdantsane workers retrenched from Candy Tops by Johannesburg mogul Nick Dennis.
Their fight for better compensation is heading for the Labour Court with attorney Bridgette Magnus telling Daily Dispatch the papers she had drawn up would claim millions.
Magnus is representing 109 former employees.
She will also represent former Candy Tops plant manager Phil de Jager, who was purged from the company after he was interviewed by the Dispatch.
De Jager will enter the arbitration process and is not part of a Labour Court application at this point.
Magnus said the claim arose from corporate “inconsistencies” displayed before, during and after the Section 189A process embarked upon by Candy Tops and their parent company, Lodestone Brands, earlier this year.
Magnus said the inconsistencies reached a height in the midst of a Section 189A notice period during which the company purportedly had agreed to undergo a thorough conciliation, mediation and arbitration process before making a decision on closure.
Magnus said workers felt the entire CCMA process was compromised by Lodestone’s behaviour which showed clearly the decision to shut the plant had been made prior to the “sacred” 60-day notice period set down in law for the formal CCMA talks to be held.
She said the closure was already happening while employees were busy with CCMA hearings.
Some staff were also given “exit” dates during the notice period.
There were also inconsistencies in the number of jobs which Lodestone promised to save if workers moved to Johannesburg.
She said the number of jobs promised was “vastly less than what transpired” and there were inconsistencies in relocation amounts offered to weekly and monthly paid employees.
She claimed Lodestone even manipulated the process of retaining staff before retrenching so as to avoid paying normal benefits, including the company contribution to union fees.
“The whole thing smacks of victimisation. We are dealing with very distressed people. Families are suffering,” said Magnus.
Two cellphone calls, an SMS and an e-mail to Lodestone and Candy Tops human resources executive, Thabisa Moleshe, were not responded to.
However, on Tuesday, when Moleshe was explaining away the sudden resignation of Lodestone CEO Nick Dennis and his chief operating officer Johan van Zyl, she also defended the company’s behaviour in East London saying it had been “100% legally compliant” and “absolutely fair and responsible”.
Retrenched staff to fight for better deal
Their fight for better compensation is heading for the Labour Court with attorney Bridgette Magnus telling Daily Dispatch the papers she had drawn up would claim millions.
Magnus is representing 109 former employees.
She will also represent former Candy Tops plant manager Phil de Jager, who was purged from the company after he was interviewed by the Dispatch.
De Jager will enter the arbitration process and is not part of a Labour Court application at this point.
Magnus said the claim arose from corporate “inconsistencies” displayed before, during and after the Section 189A process embarked upon by Candy Tops and their parent company, Lodestone Brands, earlier this year.
Magnus said the inconsistencies reached a height in the midst of a Section 189A notice period during which the company purportedly had agreed to undergo a thorough conciliation, mediation and arbitration process before making a decision on closure.
Magnus said workers felt the entire CCMA process was compromised by Lodestone’s behaviour which showed clearly the decision to shut the plant had been made prior to the “sacred” 60-day notice period set down in law for the formal CCMA talks to be held.
She said the closure was already happening while employees were busy with CCMA hearings.
Some staff were also given “exit” dates during the notice period.
There were also inconsistencies in the number of jobs which Lodestone promised to save if workers moved to Johannesburg.
She said the number of jobs promised was “vastly less than what transpired” and there were inconsistencies in relocation amounts offered to weekly and monthly paid employees.
She claimed Lodestone even manipulated the process of retaining staff before retrenching so as to avoid paying normal benefits, including the company contribution to union fees.
“The whole thing smacks of victimisation. We are dealing with very distressed people. Families are suffering,” said Magnus.
Two cellphone calls, an SMS and an e-mail to Lodestone and Candy Tops human resources executive, Thabisa Moleshe, were not responded to.
However, on Tuesday, when Moleshe was explaining away the sudden resignation of Lodestone CEO Nick Dennis and his chief operating officer Johan van Zyl, she also defended the company’s behaviour in East London saying it had been “100% legally compliant” and “absolutely fair and responsible”.
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