Student who lost seven fingers left to languish

14 February 2016 - 02:03 By NATHI OLIFANT

Eastern Cape electrical engineering student Mpho Machae is still haunted by the trauma of a machine slicing off seven of his fingers. Machae, 23, slipped in and out of consciousness as he endured almost three hours of excruciating pain when his hands got stuck in the machine in June last year.His story is one of several case studies in a dossier of alleged irregularities compiled by the Department of Labour and the Commission for Conciliation, Medi ation and Arbitration that was submitted last year to Labour Minister Mildred Oliphant and Nerine Kahn, the national director of the CCMA at the time.CCMA commissioners are accused of colluding with employers so that a high proportion of cases are settled, because this helps the commissioners have their own contracts renewed.Other issues in the dossier are unethical behaviour of commissioners; the stifling of workers' rights; failure to resolve labour issues and disputes; irregular appointments, including that of senior commissioner Raj Shanker, who is currently suspended; and irregular implementation of the Employment Equity Act.story_article_left1Machae was permanently disabled in the accident at New Era Packaging in Phoenix, north of Durban, and faces an uncertain future. An application to finish his studies this year was turned down because of the severity of his disability, and Machae still has not been compensated.His medical expenses were settled by his former employer.Labour representative Gibson Nduli, who has been assisting Machae in his compensation application, said they were still awaiting his claim's finalisation.According to the dossier, the CCMA uses settlement rates as a performance appraisal tool for its employees.The document cites the example of Sixhle Nxumalo, a driver who claimed he had been unfairly dismissed.Nxumalo said his case was badly handled by a CCMA commissioner who wanted him to "settle at all costs"."Unfortunately, the commissioner either had no intention to listen to me or was extremely impatient to facilitate a meaningful conciliation. As a consequence thereof, [she] told me my case is weak but she would seek to persuade the employer for some financial settlement."I rejected these unsolicited overtures. She left to meet with the employer privately," the former driver wrote.Department of Labour acting spokesman Mokgadi Pela said the minister was aware of the allegations but could not comment as they were being dealt with internally.He added that the investigation into Machae's accident was continuing and a final report was being compiled.CCMA spokeswoman Laura Mseme said settlement rates was one performance indicator. The governing body had called for a review of the process.Mseme said the commission had decided to reopen the investigation into Nxumalo's claim in the "interests of transparency and good governance".The CCMA had received no evidence of irregularity in respect of Shanker's appointment, she said.A commissioner who spoke on condition of anonymity and who helped to compile the dossier said the abuses were well documented but there was "no political will" to tackle them."Like in all other institutions, especially government entities, if a certain cabal has stayed longer they make that institution their fiefdom."..

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