Question NW2899 to the Minister in the Presidency
03 January 2024 - NW2899
Gondwe, Dr M to ask the Minister in the Presidency
What are the reasons that Brand SA did not reinstate Ms Nadine Thomas in her position as the Chief Finance Officer (CFO) in accordance with the ruling of the Commission for Conciliation, Mediation and Arbitration (CCMA) and the Labour Court; (2) (a) what are the reasons that Brand SA opted for a settlement with Ms Nadine Thomas despite the CCMA and Labour Court ruling that she be reinstated as the CFO, (b) what total amount was paid to Ms Nadine Thomas by Brand SA as a settlement to leave Brand SA and (c)(i) who decided on the settlement with Ms Nadine Thomas and (ii) how did they arrive at the settlement amount?
Reply:
1. Brand South Africa reinstated Ms Nadine Thomas in her positions as the CFO, in May 2023 according to the ruling of the Labour Court.
2.(a) After the Labour court ruling, Ms Nadine Thomas and her lawyers presented a proposal to Brand South Africa, which included a separation proposition. Based on the proposal, Brand South Africa entered into negotiations and subsequently, both parties entered into a voluntary confidential mutual separation agreement.
(b) Ms Nadine Thomas and Brand South Africa entered into a voluntary confidential mutual separation agreement, which included a nondisclosure agreement. The terms thereof may not be disclosed unless with the consent of both parties. Brand SA does not have Ms Nadine Thomas’ consent to disclose the terms of the mutual separation agreement, at this time.
(c)(i) Following negotiations between Brand South Africa and Miss Thomas’ lawyers, an agreement on the settlement amount was reached. Ms
Sithembile Ntombela, in her capacity as the Accounting Authority/Acting Chief Executive Officer, approved the settlement agreement.
(ii) The settlement amount took into account the following factors:
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- The Labour Court judgment which stated that Ms Thomas be compensated for monies which she would have earned but for her dismissal.
- Considerations of what she would have earned at the time of the payment of the settlement including adjustments applied to Brand South Africa salaries during the said period which included, Total Cost to Company (TCTC) at 55th percentile, Cost of Living Adjustments (COLA) at 3%, Notch increases at 1,5 % and Performance bonus payout at 18% of her TCTC, her Leave payout.
NAME OF THE DRAFTER: Sithembile Ntombela (Ms)
DESIGNATION : Acting Chief Executive Officer – Brand SA SIGNATURE:
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Nomonde Mnukwa (Ms)
Acting- Director General: GCIS Date: 12 September 2023
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Khumbudzo Ntshavheni Minister in the Presidency Date: