Labour court to hear case of more than 100 City of Joburg employees fighting to keep their jobs

13 April 2022 - 06:17
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Joburg mayor Mpho Phalatse has been accused of 'purging black professionals'. File photo.
Joburg mayor Mpho Phalatse has been accused of 'purging black professionals'. File photo.
Image: Alaister Russell

The labour court in Johannesburg will on Wednesday hear a case brought by 130 employees of the City of Johannesburg who are fighting to keep their jobs.

The 130 employees were informed that their contracts were terminated last month. after allegations of the illegal conversions of their contracts from fixed to permanent employment.

In February, the city declared their appointments irregular and asked them to make representations why their employment should not be terminated.

Some of the employees claimed to have already been barred from entering city premises and had their work-sponsored electronic gadgets confiscated.

Last month, Johannesburg mayor Mpho Phalatse said the issue was not a political or labour matter but an issue of compliance with the law that was flouted when the former mayoral committee adopted a report, without the council’s approval, to convert the fixed-term contracts of senior staff attached to political offices.

According to Phalatse, those appointments would come at a projected cost of at least R80m per annum.

“It would not only be costly for the city to turn a blind eye to the irregular employment of 130 (and growing) staff but it would be a violation of both the Municipal Systems Act and the Municipal Finance Management Act, laws both the council and its employees are bound by,” she said at the time.

Phalatse said none of the staff who have been served with notices to regularise (return their contract to their original form) their employment are part of the city’s administrative functions. Instead, they were appointed and contracted at a senior level to serve political offices linked to the term of office of the elected politician they were attached to.

She said it is incorrect to state that staff are being dismissed, fired or having their contracts terminated.

“Their contracts have been regularised and their contracts will run their course, coming to an end at the end of April 2022,” she said.

In a statement, the SA Municipal Workers’ Union (Samwu) said it believes the move by the city is illegal and should be reversed.

“Workers should not feel tempted by the city’s offer of six months’ payment to terminate their employment contracts. We do not need to remind these workers of the high levels of unemployment and the slim chances of getting employed,” Samwu said.

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