Question NW2239 to the Minister of Telecommunications and Postal Services
31 July 2015 - NW2239
Figlan, Mr AM to ask the Minister of Telecommunications and Postal Services
Whether (a) his department and (b) any entities reporting to him has paid out the remainder of any employee's contract before the contractually stipulated date of termination of the contract since the 2008-09 financial year up to the latest specified date for which information is available; if so, (i) what amount has (aa) his department and (bb) entities reporting to him spent on each such payout, (ii) to whom were these payouts made and (iii) what were the reasons for the early termination of the contracts in each specified case?
Reply:
I have been advised by the Department and Entities as follows:-
DEPARTMENT:
- Yes
The table below provides a full response to the questions asked by the Honourable Member:-
(ii) Name |
Contract Period |
Contract terminated |
(iii) Termination reason |
Contract period paid out |
(i)(aa) Amount |
S D L Dhlomo |
13 July 2009 to 13 January 2011 |
31 May 2010 |
The Post of Deputy Director: Subsistence and Travel was not approved on the organisational structure. The appointment was made irregularly. The employee’s contract was terminated accordingly. The employee then took the department to arbitration. |
1 June 2010 to 13 January 2011 |
Salary: R 249 192-70 |
South African Post Office (SAPO)
(b) Yes,
It is not a practice of the SAPO to pay the remaining value of the contract in cases where Executives leave the organisation before the expiry date of the employment contract. The Executives in the table below were only paid the arbitration awards agreed to, between the employees, their legal representatives, and the company. However, these payments are not linked to the contracted term of employment
See arbitration figures paid since the 2008/9 financial year to current within the SAPO Group.
(ii) Name |
Job Title |
(iii) Reason for Termination |
(i)(bb) Settlement Amount |
Settlement Date |
JP WENTZEL |
COO (2 A) |
Resignation (Arbitration settlement) |
548,058.25 |
10/07/2011 |
RM NESHUNZHI |
GM (3) |
End of Contract (Arbitration settlement - (Contract paid until 31 May 2012) |
532,493.50 |
11/30/2011 |
MM LEFOKA |
GCEO (1) |
Resignation (Arbitration settlement) |
1,466,810.00 |
01/24/2012 |
MS DIAZ |
GE (2 B) |
Resignation (Disciplinary hearing - Deed of settlement signed) Arbitration settlement |
370,217.25 |
11/28/2013 |
ME LANCASTER |
GE (2 A) |
Retrenchment severance package (Voluntary Retrenchment Agreement) |
1,698,977.00 |
12/3/2013 |
BS BULUNGA |
COMPANY SECRETARY (3) |
Dismissal (Settlement at CCMA) |
404,615.93 |
26/3/2014 |
ZADNA
(b) No
ZaDNA has not had an employee’s contract terminated before its stipulated termination.
SENTECH
(b) Yes,
The table below provides a full response to the questions asked by the Honourable Member:-
(ii) Name of Employee |
Position |
Period |
(i)(bb) Amount Spend |
(iii) Reason for Settlement |
Process |
Mr. Cassim Mohammed Siddique |
Chief Financial Officer |
2010 |
R 360 000.00 |
Dismissed |
CCMA Award settlement |
Mosala Mojaki Frederick |
Head: Employee Relations |
2010 |
R 257 393.00 |
Dismissed |
Employee lawyer based on the ongoing case with little evidence |
Steenkamp Carin |
Portfolio Manager: Special Projects |
2010 |
R 515 824.47 |
Retrenched |
Retrenchment |
Ramokhufi Rachel Neo |
Executive: Strategy and Co-ordination |
2010 |
R 250 698.34 |
Ongoing disciplinary hearing |
Employee lawyer based on the ongoing case with little evidence |
|
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|
Chief Financial Officer |
2012 |
R 142 482.84 |
Claimed Constructive - Dismissed |
CCMA Award settlement |
Nevhutalu Tendani Gaylord |
Head: Financial Accounting |
2012 |
R 62 000 |
Dismissed |
CCMA Award settlement |
Emerich Rian |
General Manager: Marketing and Sales |
2012 |
R 83 503.27 |
Dismissed |
CCMA Award settlement |
NEMISA
(b) Yes,
The table below provides a full response to the questions asked by the Honourable Member:-
(ii) To whom were payments Made |
Period |
(i)(bb) Amount Spend |
(iii) Reason for Settlement |
Chief Operations Officer |
2013-2014 |
R 779 055.00 |
Mutual Separation Agreement |
BROADBAND INFRACO
(b) Yes,
From 2008-09 up to date, Broadband Infraco had no early terminations of contracts which involved paying out the remainder of an employee’s fixed term contract. However, Broadband Infraco did terminate the employment contract of three (3) employees due to disciplinary processes and after an assessment that it would cost the Company far less to have conclude a mutual separation agreement with each of the employees instead of pursuing long protracted legal proceedings and committing company resources and labour in pursuit of the legal cases against the employees. Refer to the table below:
(ii) Name of employee |
Position |
Period |
(i)(bb) Amount Spend |
(iii)Reason for Settlement |
Process |
Suren Maharaj |
Chief Financial Officer |
March 2011 |
R 395 916.50 |
The Board decided to part ways with the CFO after he was issued with a final written warning for dereliction of duties |
Employee had been issued with a Final written warning |
S Mapatagane |
SHEQ Manager |
June 2011 |
R 123 527.34 |
The settlement was paid out due to legal costs that were increasing and lawyers for the Company advised on paying the settlement to minimise litigation costs |
Employee had been subjected to a disciplinary hearing |
Ray Hamilton |
Chief Sales & Marketing Officer |
August 2014 |
R 400 000 |
Paid a negotiated settlement for four (4) months for mutual separation with R Hamilton. |
Disciplinary Process- he exceeded his delegation of authority |
USAASA
(b) Yes,
The table below provides a full response to the questions asked by the Honourable Member:-
(ii) To whom were payments Made |
Salary Level |
Salary per annum |
(i)(bb) Amount Paid |
(iii)Reason |
Date of Exit |
Senior Manager: Human Resources |
13 |
R 540 429 |
R 135 107 |
Mutual agreement |
31 May 2008 |
Chief Executive Officer |
15 |
R 1 099 824 |
R 458 260 |
Mutual Agreement |
31 May 2010 |
Chief Executive Officer |
15 |
R 1 120 935 |
R 499 292 |
Mutual Agreement |
30 March 2012 |
Senior Manager: USAF |
13 |
R 782 883 |
R 547 000 |
CCMA Settlement Agreement |
30 September 2015 |
Board Administrator |
10 |
R 405 390 |
R 99 534 |
Mutual Agreement |
31 December 2014 |
Payroll Administrator |
9 |
R 296 100 |
R 74 025 |
CCMA Settlement Agreement |
20 April 2015 |
SITA
(b) Yes
The table below provides a full response to the questions asked by the Honourable Member:-
(ii) Name |
Designation |
(i)(bb) Gross Pay Out |
Date paid |
(iii) Reason for Termination |
Blake Mosley-Lefatola |
Chief Executive Officer |
R 1 439 606.45 |
May 2013 |
Early termination of contract (Board Decision) |
Nontobeko Ntsinde |
Chief Executive Officer |
R 574 991.00 |
June 2013 |
Unfair termination of contract (Labour Court Decision) |
Thandi Zide |
SITA Company Secretary |
R 550 000.00 |
August 2013 |
Unfair Dismissal (CCMA Decision) |
Khumbuzo Ntshevheni |
Chief Operating Officer |
R 1 899 000.00 |
June 2014 |
Early termination of contract (Referred to Labour Court and resulted in a Settlement Agreement) |
Tshidi Gumbi |
Head of Department: Human Resource |
R 265 898.52 |
May 2015 |
Unfair Dismissal (Referred to CCMA and resulted in a Settlement Agreement) |