The “substantively unfair” dismissal of former Candy Tops confectionery plant manager Phil de Jager, ostensibly for speaking to the Saturday Dispatch, has cost Lodestone Confectionery R778 096.
CCMA commissioner Jo-ann Coetzee ordered that the Johannesburg corporate must compensate De Jager with an eight-month salary payout. Coetzee delivered her ruling on November 3.
De Jager became one of scores of employees who lost their jobs when former Lodestone CEO Nick Dennis closed down the East London plant earlier this year.
In his evidence, De Jager said Candy Tops employed 270 people and up to 80 temporary workers.
Dennis, represented by his human resources executive Thabisa Moleshe, claimed De Jager breached a management “directive” by talking to the media about the fight to prevent the eventual shutdown and loss of jobs, dubbed by the company as part of a “restructuring consultation process”.
Commissioner Coetzee also found that De Jager’s dismissal was procedurally unfair, and dwelled on the biased behaviour of attorney Leandi Langeveld, of Job Law, who chaired De Jager’s disciplinary hearing.
“The chairperson admitted she coerced the applicant into pleading guilty.
“The chairperson overstepped her role. She literally assisted the employer to tender its case, reminded the employer to present certain evidence, and showed more leniency towards the employer and its witnesses.”
She said Langeveld “did not permit the applicant to cross-examine the employer’s witnesses”.
Candy Tops must pay R778k
CCMA commissioner Jo-ann Coetzee ordered that the Johannesburg corporate must compensate De Jager with an eight-month salary payout. Coetzee delivered her ruling on November 3.
De Jager became one of scores of employees who lost their jobs when former Lodestone CEO Nick Dennis closed down the East London plant earlier this year.
In his evidence, De Jager said Candy Tops employed 270 people and up to 80 temporary workers.
Dennis, represented by his human resources executive Thabisa Moleshe, claimed De Jager breached a management “directive” by talking to the media about the fight to prevent the eventual shutdown and loss of jobs, dubbed by the company as part of a “restructuring consultation process”.
Commissioner Coetzee also found that De Jager’s dismissal was procedurally unfair, and dwelled on the biased behaviour of attorney Leandi Langeveld, of Job Law, who chaired De Jager’s disciplinary hearing.
“The chairperson admitted she coerced the applicant into pleading guilty.
“The chairperson overstepped her role. She literally assisted the employer to tender its case, reminded the employer to present certain evidence, and showed more leniency towards the employer and its witnesses.”
She said Langeveld “did not permit the applicant to cross-examine the employer’s witnesses”.
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