Conduct of SABC towards journalists amounts to bullying‚ court told

22 July 2016 - 19:40 By Ernest Mabuza

The conduct of the South African Broadcasting Corporation towards the four journalists it dismissed on Monday was cynical and amounted to bullying‚ the Labour Court heard on Friday.

Trade union Solidarity and the four – Foeta Krige‚ Suna Venter‚ Krivani Pillay and Jacques Steenkamp – asked the Labour Court to set aside their dismissal notices and that they be reinstated.The four had expressed opposition to the decision taken by the public broadcaster in May to not show visuals of public protests where there was destruction of property.They were dismissed for‚ among others‚ taking part in a July 1 protest against their employer.On Wednesday‚ the SABC finally said it will comply with the Independent Communications Authority of SA’s (Icasa) order that the protest policy was invalid since its inception. “This is not only about the dismissals‚ the suspensions and the disciplinaries. It is what came before‚” said Steven Budlender‚ advocate for the four.It started on June 1‚ when SABC chief operating officer Hlaudi Motsoeneng and the then acting head of news‚ Jimi Matthews‚ summoned Krige‚ Venter and Pillay to a meeting where they were “read the riot act”.Budlender said the journalists had called in outside commentators on SABC radio to express their views about the protest policy. Budlender said Motsoeneng told the journalists that they had to adhere to the policy and that failure to do so meant they would be cast out of the organisation.“From thereon‚ the SABC has been intimidating its journalists. Mr Motsoeneng harassed them and intimidated them. People who were right all along about the policy remain dismissed‚” Budlender said. Solidarity also seeks an order stopping the SABC from going ahead with the disciplinary proceedings against the journalists.Their dismissal happened on Monday‚ just two days before the SABC capitulated in its battle in the high court with the Helen Suzman Foundation over the protest policy‚ agreeing to the interdict to stop the implementation of the policy.The SABC indicated on Wednesday it would abide by the Icasa’s order to withdraw the protest policy.Journalists Busisiwe Ntuli‚ Thandeka Gqubule and Lukhanyo Calata were dismissed on Tuesday.Budlender said the contractual rights of the employees had been breached as there had been no formal disciplinary hearing. He said the Labour Court was empowered to intervene. “This court has jurisdiction and power to order a reinstatement.”Themba Skosana SC‚ for the SABC‚ said there was a contract of employment which prohibited certain conduct by employees. He said the employees had breached those conditions.He said the employer was also entitled to terminate the employment contract after the employees had failed to answer to allegations of misconduct by July 15.“Instead of responding to the allegations‚ the employees decided to approach the court‚” Skosana said.The hearing continues. - TMG Digital..

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