Former chief executive seeks millions at CCMA
A FRENCH-OWNED waste management company and its former chief executive are embroiled in a dispute at the Commission for Conciliation Mediation and Arbitration (CCMA).
The former chief executive, Olivier Meyer, has lodged a claim against Dolphin Coast Landfill Management (DCLM) with the CCMA stating that he has allegedly not been paid his September salary of R250 000, notice pay (R250 000) and commission totalling R35.5 million.
DCLM owns and operates a hazardous landfill site in New Guelderland, in Kwadukuza, where the company’s head office is based.
French-owned Energipole Environment International SA (EEI) is the majority shareholder of DCLM. Meyer became DCLM’S chief executive in 2015. He resigned in September after signing a settlement agreement with EEI after allegations that he had helped himself to at least R5m of DCLM’S funds.
However, according to the agreement, which Independent Media has seen, the parties agreed for him to only pay back R2m, which was due at the end of September but was never paid.
“If Meyer fails to pay on the due date, then the full balance owing will be required and bearing interest at the rate of 10.5% per annum,” the agreement stated.
In terms of his commission, the agreement stated that it would be based on the profits made by EEI when it sold its stake in DCLM, but the sale apparently did not happen.
A two-year restraint was placed on Meyer, which prevented him from taking employment with other waste management companies, operate a company in the same field as DCLM, or engage with any of their clients.
Meyer’s attorney, Dunstan Farrell, confirmed that he had lodged the complaint as a constructive dismissal dispute and said the restraint jurisdiction related to Kwazulu-natal only.
“He was never paid for the restraint for the two-year period but they expect him not to work in the waste management industry,” said Farrell.
He said DCLM’S actions placed Meyer in a situation where he could not do the only work he knew, which was waste management.
He claimed that it was DCLM’S intention to dry up Meyer’s financial resources so that he could not sustain a legal challenge against them and was forced to settle on their terms.
DCLM chief executive James Ndebele said he could not comment on the allegations as the parties had agreed to keep all matters them confidential.
He said he was aware that Meyer had approached the CCMA claiming that he was constructively dismissed and that payments were due to him.
“The company does not believe Meyer’s claims have any merit or foundation, and will be defended,” said Ndebele.
He refused to comment on allegations regarding the restraint, including the issues contained in the letter addressed to the Spill Tech’s chief Gerald Carmody, bearing his (Ndebele) signature.
Dated November 4, the letter advised Spill Tech and its employees to refrain from any association with Meyer during the restraint period.
“Please be advised further that should Spill Tech and/or any of its employees engage and/or be associated with Mr Meyer during the aforesaid restraint period, such association would constitute not only a breach of his restraint undertaking but wrongful conduct at common law,” it read. between