Trillian case restarts at CCMA

The constructive dismissal case instituted against Trillian Capital Partners by its former CEO, the woman dubbed the state of capture whistleblower, is set to resume at the Commission for Conciliation, Mediation and Arbitration (CCMA) on Monday.

At the past hearing, held about three weeks ago, the CCMA arbitration was adjourned after Trillian had asked for a copy of the affidavit that the woman, who has asked not to be named, had given to former public protector Thuli Madonsela. The hearing is taking place against the backdrop of a continuing independent investigation into Trillian by Adv Geoff Budlender SC.

Trillian confirmed in a written response that it had asked for the affidavit and said: “In order for the CCMA to properly determine the matter before it, all the relevant facts have to be adduced. In the circumstances ... [the former employee’s] affidavit should form part of the record. The company has not approached the public protector for the affidavit.”

“Trillian is a litigant before the CCMA and can only act within the confines of the CCMA’s processes,” it added.

The former employee declined to comment. She is seeking damages, according to information in her CCMA referral form. CCMA director Cameron Morajane confirmed in a written response that the parties had agreed to reconvene on Monday.

Budlender confirmed in a written response that his investigation was continuing.

“Yes the investigation has started,” said Budlender, adding that he could not predict when it would be completed. A report would be made public once it was submitted to Trillian chairman Tokyo Sexwale, he said.