HUNDREDS of former Expanded Public Works Programme (EPWP) workers in the eThekwini who claim they were “unfairly dismissed”, have now approached the Commission for Conciliation, Mediation, and Arbitration (CCMA) for relief.
Represented by human rights lawyer Previn Vedan and long-serving ANC member Stanley Moonsamy, more than 300 workers decided to fight back against what they described as “unfair dismissals and wrongful discrimination” by the eThekwini Municipality.
The former workers said between June and July this year, their employment was allegedly terminated abruptly and without the due processes being followed. The city claimed not to have had the funds to continue with the programme.
However, advertisements for new EPWP positions surfaced soon thereafter, which barred many of long-standing workers from reapplying as there were age restrictions, the workers claimed.
Moonsamy said the mass filing of cases at the CCMA last week, was a turning point in the fight for dignity and justice for EPWP workers.
He said for over a decade, many of the workers served their communities and contributed to critical municipal programmes.
“This is not just about 330 workers, this is about sending a clear message - workers who built our communities and gave years of their lives will not be discarded. These workers deserve recognition, reinstatement, and fair treatment. We stand them in their fight. Furthermore, the municipality’s actions are a betrayal of the EPWP’s mission to empower and uplift. This is not just a legal battle, it is a moral one,” he said.
Moonsamy said he called on the broader community to pay attention to the workers plight.
“I am urging other EPWP workers who have faced similar treatment to come forward and join the fight. Workers across South Africa must know that they have rights.”
Vedan, who drafted the workers’ legal submission, said the case was founded on the question of procedural fairness and systemic discrimination.
He said the case filed under the CCMA, highlighted alleged unfair dismissal and violations of Sections 186 and 198B of the Labour Relations Act, which granted workers on fixed-term contracts the right to permanent employment after three months. It also cited age discrimination under the Employment Equity Act.
“This is a defining moment for labour justice in South Africa. These workers are protected under both Acts. We are here to ensure that those protections mean something.”
Affected
Veronica Appalsamy, 52, of Chatsworth, said her life has been “turned upside down” since July.
The mother of two, said without an income, she fears she will soon find herself on the streets.
“I was previously able to pay my rent, but since we were unfairly dismissed, I had to move out. I am now staying with a friend, but I will have to find another place to stay soon. I have tried to find another job, but at my age it is difficult as nobody wants to employ someone ‘older’. With the little that I did earn for the programme I could afford to pay my rent and accounts, as well as buy food,” she said.
Appalsamy said she was employed in the programme in April 2017.
“After volunteering with the ANC for more than 10 years, the councillor organised the job for me and many others. I had signed a contract, which was renewed yearly. I used to work near a primary school ensuring that the children were safe and in school. I also used to be on the lookout for criminal activities and keep the area clean, among other roles.
“In June this year, a letter was shared by our team leader on WhatsApp of our dismissal at the end of the month due to there not being any funds to continue with the programme . Our last working day was on July 25. I was shocked as there should have been some formal processes as we had signed contracts. We also didn’t receive a severance package after working for so many years. We could apply for UIF, but how are we expected to survive on such a small amount?
“When they did put out a notice looking for EPWP workers, we couldn’t apply as there were specific criteria that had to be met. We should have been given first preference as we had been working for so long. We are now asking for jobs, preferably permanent positions to be offered or some sort of compensation so we can rebuild our lives, such as to enable us to start a small business. The municipality cannot just leave us out in the cold,” she said.
Leon Pillay, 45, of Phoenix, said through the assistance of the ANC councillor in his ward, he was employed in the programme in August 2016.
Pillay, who worked as a safety officer, said he was now struggling to care for his family, which includes his wife, two children aged 14 and 16 and his 74-year-old mother who was physically disabled.
“We used to work at the schools within our ward ensuring that the pupils were educated against drug abuse, gender-based violence and many other topics regarding a safer community. We also ensured visibility in hotspot areas as crime prevention.
“We also assisted councillors with their programmes, for example, cancer awareness, and drug abuse, among others. We also assisted DSW, and the Parks and Recreation department with clean-ups in the community. We also worked on weekends and public holidays, but were never compensated for the overtime we put in,” he said.
Pillay said they had not been correctly informed about the termination of their contracts.
“It was around mid-May when a document with the eThekwini Municipality letterhead was circulated via social media. I did not take it seriously, mainly because you would not expect the council to inform employees of their dismissal in that manner.
“However, when I contacted the supervisor, it was confirmed that June would be our last month of employment. This was a very unethical procedure and a violation according to the labour laws,” he said.
Pillay said since the dismissal he had been greatly impacted as he struggled to find employment.
“My accounts have fallen into arrears. I am struggling with the electricity bill and to purchase food which are both priorities. My mother who is disabled has to use her pensioners’ grant to help us get through the month, which is unfair to her. I demand immediate reinstatement because we are victims of an unfair dismissal. We should also be compensated for all the suffering we are going through.”
Angamma Jonathan, 53, of Isipingo, said since the dismissal her health has deteriorated.
The mother of two, said she has been hospitalised twice and suffered a heart attack in September.
She was employed in the programme in January 2017.
“We took our jobs very seriously, and went above and beyond what was required of us, yet this is the repayment we receive. It is not fair. I was an ANC volunteer for 10 years and when the councillor assisted with getting me into the programme, it was a great relief especially since my two children were still young and in school.
“In return, I worked hard to ensure that the community was clean. We spent the day picking up litter, cleaning the roadsides and dump areas, among other tasks. We were even taken out of Isipingo to clean other areas, but we never complained as it helped us to put food on the table and pay our bills,” she said.
Jonathan said they received a letter about their dismissal from their supervisor via WhatsApp in early July.
“We were told that July 25 would be our last pay day. Then by July 15 we were told to stop working. Everything was happening so fast. They didn’t have the decency to have a meeting with the workers to explain to us properly. We were also told that when there is funding, we will get jobs again, but months have passed by.
“My health has since deteriorated. I used to keep fit while working as I was always walking, but now I have to take chronic medication due to suffering a heart attack. I am highly stressed as I don’t have an income, and I am now reliant on my daughter who has just started working.
“It is really tragic that the food has been taken out of our mouths. Sadly, we are also too old to be employed by others, but too young to collect a pensioners’ grant, so how are we expected to survive? We just hope that the CCMA case will bring us some form of relief,” she said.
The eThekwini Municipality did not comment at the time of going to print.