Cape Town - When Nellie and Cobus Wilson's now 1-year-old son was born with a complete bilateral cleft lip-nasal deformity, making it difficult for the newborn to breathe and eat, they were aware that the road ahead would require extra care, constant supervision and several operations to see him live a full life.
The Wilsons, who worked for several years for the Groot Constantia wine estate and currently live on the farm, informed their workplace that the child required 24 hour maternal care in terms of a doctor's request, and were unable to say when the next surgical procedure would take place in September, which would hopefully result in more independence for the toddler.
Nellie was hoping to return to work once given the go-ahead and following the procedure, but has since had her services terminated by the employer due to absenteeism.
The family argued that she does not receive any remuneration from her employer and that there are contract workers employed in her place, allowing the work to continue uninterrupted.
On July 8, Nellie was informed of an incapacity hearing to take place to determine her suitability for continued employment as a result of excessive absenteeism.
Disciplinary hearings were held in February and March. She received a final written warning on April 2, and on June 14 was informed of another disciplinary hearing following her continued absence from work.
A finding from the most recent hearing concluded that her services be terminated with immediate effect from July 17, and that she be paid all outstanding money due in terms of statutory/ contractual obligation, but that no notice or payment in lieu be applicable due to the severity of the transgression.
The matter is just one case among several raised by a number of former workers residing on the estate, raising a broader issue of frequent dismissals and evictions, according to the group.
Those affected are now planning to protest on the grounds of the estate on August 31 to make their plight and grievances known.
Speaking to from their home, Cobus, 42, who has been working on the farm for 16 years, said there were a lot of dismissals and evictions, particularly affecting women.
“We have many cottages here where people are evicted but they're scared to come to the media and speak about it,” Cobus said.
“It's like an unfair dismissal. That's why we want to expose this farm because this is the oldest farm in South Africa and they have to know better.
“The working conditions on this farm are like they are not treating you well because the human resources manager on this farm is supposed to look after us, but she doesn't. She looks only after management, and that's a problem.”
He said there were efforts to get rid employees who were part of unions, with those who were not being afforded more rights.
Nellie has spent 17 years on the farm.
“And since last year, they traumatised us with my son's birth. They gave me a 12-month written warning. In that period they didn't pay my wife.
“Now, July, they said to my wife, we are keeping the company hostage. How can we keep the company hostage, when there already are employees in her place?
“And the thing is, they don't even pay her. What we said to them, when my child is healed properly, then she must come back to work,” Cobus said.
“He's born like that, so how can they do that to us? No support. How can I give a service to you when I can't support my family?”
The toddler has to eat from one side of his mouth and cannot breathe through his nose. He's already had three procedures.
The family are anticipating an eviction letter. Workers say they feel they are being threatened with these letters.
In the minutes of an incapacity hearing on July 11, it was said that the couple occupied a house on the estate and that the employer would require the premises for company operations.
“I told them I can’t take it anymore, that was in June, because you traumatised me the whole time since my son was born and you gave me a 12-months’ final written warning,” Cobus said.
He said he had also been refused leave and was only allowed to take leave to take his son to hospital, after which money would be deducted.
Nellie said her son struggled with feeding. In March doctors discovered that the entire back part of his nose was closed and that they needed to “break” his nose to lower it and connect part of the cleft lip.
“You must give him food in a special way because he can't chew. He messes a lot, but I manage to help him.”
Nellie said they could not afford to hire someone to help with him with the money earned working on the farm.
She was paid R2 665.74 fortnightly. Both parents are now unemployed.
“They feel I hold the farm hostage because the doctors can’t say exactly when in September they’ll operate and when I can come back to work, and that’s why on the 17th of July they terminated my contract.”
Another former employee, Johan Geduld, said he was unfairly dismissed after he had attempted to break up a fight between his son and another worker on the farm last October. This year Geduld would have been on the farm for 26 years. He is currently facing eviction, with the matter at the Land Claims Court.
He said he was not given a chance to tell his side of the story, with claims that he had caused injuries in the fight.
“What made me unhappy is that he started the trouble, but he is still working on the farm. It was my first warning, and it was final on 19 November last year. No payout, and I must live off charity.”
Geduld started working on the farm on January 21, 1998, and currently there are three people living in the home.
“You can't fire someone after so many years of service, and there's not even a warning but the person who started the trouble still works on the farm. He should’ve been fired. I would’ve been satisfied if we were both dismissed or given a warning but he has been working since that time.”
His matter is currently at the Commission for Conciliation, Mediation and Arbitration (CCMA).
“How can they give me a letter of eviction when I have a matter at the CCMA?” Geduld said.
Ellen Fortuin, 52, believes she should’ve received an injury compensation after an incident in 2014, and with the effects still felt today. As a result of the injury three procedures were done, she said. The injury occurred when she stretched her arm, injuring her shoulder while working with boxes that were too high.
According to a Cape Hip and Knee Surgery document dated February, 2015, 20 sessions of physiotherapy and occupational therapy had been required.
“It's not the same every day. You can feel there’s something wrong. And when I walk to a place, I will walk quickly but when I walk, then it's as if one side gets heavier and my leg drags,” Fortuin said.
“HR is telling me I'm no longer part of the workers, so I don't have a right to anything because I can stay here for free as a result of the work injury.”
Fortuin has been medically boarded.
Suney Brown, 50, has been staying on the farm for 14 years and is also facing an eviction as she no longer works on the farm after her contract had not been extended.
“It's all different stories, but that’s the thing that's happening on this farm. Everyone faces the same thing.”
Groot Constantia CEO Jean Naudé said some of the issues were currently being handled by the Commission for Conciliation, Mediation and Arbitration or are under legal review.
“As a responsible and progressive employer, Groot Constantia upholds fairness and complies with all relevant laws at all times for all employees. We adhere to the Basic Conditions of Employment, ensuring all policies are implemented consistently and equitably. Our HR team and external professionals handle all disciplinary and eviction matters.”
Naudé said in the last 10 years they had not had adverse rulings regarding dismissals or evictions at the CCMA or other legal forums. Naudé added that no one would be evicted without a court order.
In the Wilson matter, Naudé said the services were terminated as a last resort when it became clear that the employee was no longer capable of contractual obligations.
Naudé said Fortuin was on a disability benefit and received a monthly payment from the pension fund.
“The necessary documents were completed and submitted by Groot Constantia to the compensation commissioner.”