Sacked manager says family was threatened
BECOMING a senior manager at an international financial advisory firm should have called for celebration.
But Ross Pennell could not have imagined that four years later his relationship with his employer would involve allegations of death threats, untold stress and a costly legal battle.
Pennell sued De Vere Investments South Africa — a company offering financial advice to expatriates — in the Labour Court in Cape Town for unfair demotion and unpaid bonuses.
Although the court dismissed Pennell’s unfair demotion claim last month, De Vere was ordered to pay him more than R3.7-million.
The trouble started in 2014 for the British citizen, who married a South African, when his spousal visa expired and the company fired him. He says De Vere refused to pay his outstanding commission and a bonus that the company’s group CEO, Nigel Green, had offered him.
This week Pennell told the Sunday Times of the trauma he and his family had endured in the past two years.
“I feel vindicated to a certain degree,” said Pennell of the judgment. “It’s unfortunate that it had to take two-and-a-half years of legal battles in the CCMA and Labour Court to get to this point. My legal bill is in excess of R1-million and stress on myself and my family is hard to quantify.
“I received an anonymous photo of my wife and my children. In May 2016 I received a phone call from a gentleman who called himself Uri. He had a heavy Eastern European accent, and he said he was in Spain in the village where my mom lives. He said if I didn’t want anything to happen to my mom I should accept ‘the settlement offer’.”
According to Pennell, about an hour after the call he received an offer “from De Vere to settle matters” before the trial started. He opened a case of intimidation with the police.
Western Cape police spokesman Captain Frederick van Wyk said: “The case has since been finalised as there was insufficient evidence linking the second party to the threats that Mr Pennell received.”
Pennell’s spousal visa only allows him to run his own business. Despite this, De Vere employed him and tried to use the issue against him in court.
The company denied that Pennell was entitled to the commissions because of his invalid work permit.
The bonus agreement was made verbally and Green testified that “until the agreement was drawn up and signed it would not be binding”. However, the court found that Green’s evidence was of “poor nature” and that he had contradicted himself.
It found the employment contract was valid and Pennell therefore was entitled to the bonus and commission.
De Vere spokesman George Prior said the company was “extremely disappointed with the ruling” and intended to appeal. “We are wholly confident that we will be successful in this appeal as, since this case was in court, we have received further crucial ev-
❛ He said if I didn’t want anything to happen to my mom I should accept the settlement offer
idence that we believe will prove our case beyond any doubt,” said Prior.
“Furthermore, we have been approached by additional witnesses who will, we are sure, prove our case.”
Prior also distanced De Vere from the threats made to Pennell.
“Of course Mr Pennell hasn’t accused De Vere. If he had we would be seeking a libel action against him as such allegations would be entirely false. We don’t know where, why or who these allegations came from. We certainly would not condone such actions. However, we would suggest Mr Pennell goes to the law enforcement authorities,” said Prior.