Judicial bias allegations in Telkom legal battle

A GROUP of about 23 former Telkom employees based in Durban have levelled corruption allegations against Telkom, WNS Global Services and an acting judge who was involved in the legal battle over their dismissal.

The matter began in 2015 when the group, who worked in various departments and sections in the company, were outsourced from Telkom to WNS.

During that period, the workers, who have a collective 500 years of service between them, were dismissed for alleged misconduct after not reporting for duty at their new place of employment for a period of five days.

The group took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA), where an arbitration award was made on April 13, 2017, ruling that they be retrospectively reinstated.

Another employee, Parasaman Pillay, who was part of the original 23, took his case individually to the CCMA , where a different arbitrator found him not guilty and he was awarded retrospective reinstatement.

Following the two rulings in favour of the employees, WNS Global Services took the matter regarding the remaining group of 22 on review to the Labour Court, and the matter was heard on June 14, 2018.

Acting Judge Faan Coetzee presided over the matter and found the group guilty.

Coetzee is a director at legal firm Cliffe Dekker Hofmeyr, that was alleged to have done work for Telkom.

It was argued that if the 22 were reinstated it would have dire financial implications for both WNS and Telkom.

The group is continuing its appeal to have the judgment reviewed.

Thaiba Dawad, one of the 23 people dismissed, said her life fell apart after losing her job.

“The dismissal and this court action have been like a sledgehammer to the gut. It was like a shattered dream. I was in a happy, loving relationship and I loved my job. Now I am divorced, I lost my job, I am financially ruined and blacklisted.”

Dawad said the hardest part was having to convince potential employers that she was innocent.

“They don’t want to hear it. They just see that you were dismissed for misconduct, and it is a nail in the coffin.

“It is like the whole world has reduced our value and see us in a negative light.”

Another group member, Lucy Govender, said they had written to the Judicial Services Commission about Coetzee.

“When we were looking for legal advice, we contacted Cliffe Dekker Hofmeyr for assistance but were told that they could not assist us. They allegedly did some legal work for Telkom. We believe that this allegedly influenced the judge’s decision to rule in favour of the corporation.”

In the letter to the JSC, Govender alleged there was an interdependent relationship between Telkom, WNS and Coetzee, who should have recused himself from the case.

Coetzee denied the allegations but confirmed that the group had approached the JSC but that their complaint was, ultimately, unsuccessful. WNS was contacted but said they would not comment as this was an ongoing matter.

“The matter is pending resolution before the appropriate authorities. We have no comment on the other allegations.”

Telkom had not responded for comment by the time of publication.