Eskom’s supplier must rehire trio

Grindrod unfairly axed foreign drivers – judge

One of Eskom’s fuel suppliers has been ordered to reinstate three foreign nationals it was told to axe because a power station could no longer accept deliveries from foreigners.

The power utility told Grindrod Fuelogic to ditch Congolese driver Francis Kanku, Malawian Richard Linzie and Manuel Mateus from Angola after Eskom's Ankerlig Power Station near Atlantis in the Western Cape received contaminated diesel in 2014.

On Wednesday, Labour Court Judge Anton Steenkamp ordered Grindrod Fuelogic to reinstate the three men retrospectively because the company discriminated against them on the basis of their ethnic or social origin.

“The only reason for their dismissal was their nationality, hence, it was automatically unfair,” he said.

They were the only foreign nationals working with 22 South African drivers.

Steenkamp found that there was no evidence that Kanku, Linzie, Mateus, any foreign national or any other Grindrod employee was responsible for the contamination.

The trio were asked to sign retrenchment agreements in May 2014 but they never received any severance packages.

Steenkamp said even though Kanku, Linzie and Mateus were axed because Eskom demanded it, that did not make it fair. “Had it not been for their nationality, they would not have been dismissed,” said the judge, adding they had valid drivers licences and work permits.

Linzie told the court their bosses said if they refused to sign retrenchment agreements Grindrod would lose the Eskom contract.

Grindrod has since lost the contract and Steenkamp ordered they may be re-employed elsewhere.

The trio said they signed the agreements under duress

According to Linzie, Kanku wanted to go to Eskom to clarify the issue but he was physically blocked during a meeting.

Kanku, an electrical engineer from the Democratic Republic of Congo who has been in SA for over two decades, testified that they were shown an e-mail from Eskom.

He said he later found out that there were other foreign drivers, including a Zimbabwean, hired by Eskom and making deliveries to the Ankerlig Power Station .

Eskom spokesman Khulu Phasiwe said it was not true that Kanku, Linzie and Mateus were denied entry because they were foreigners.

He said they were requested to submit documents for background checks by the State Security Agency as power stations are national keypoints.

The three were unable or unwilling to respond to enquiries from Sowetan, and referred enquiries to Grindrod.

The only reason for their dismissal was their nationality... it was unfair Anton Steekamp LABOUR COURT JUDGE