Fired Gold One miners cry foul
“When we went to the mine to ask about the dismissals, especially with the lack of a hearing, the mine didn’t really answer our questions and we were dismissed. We then also asked about our salaries because some of us had not gotten paid for December. It’s really rough because I have a child and I have nothing to bring back home for my child and I had to depend on my grandmother’s social grant for December,” he said.
Last month more than 500 workers did not return from an underground shaft due to a labour dispute over organising rights at the mine with the Association of Mineworkers and Construction Union (Amcu) claiming that the company did not want to recognise it. The first sit-in strike was in October and there were allegations of some workers belonging to the National Union of Mineworkers (NUM) being held against their will.
Another worker said that he didn’t know his future with the mine and was hoping the company would call them back.
“As I sit here before you, I don’t have a job, I don’t have money. I don’t know what to do next or who to turn to. I got the same SMS as some of my colleagues. I was confused especially considering that we did nothing wrong,” said the worker.
The two workers claim not to have participated in the strike.
NUM regional director Victor Ngwane said the mine had flouted due processes.
“It’s quite unfair in the manner they were dismissed. If people are held against their own will then the perpetrators must account for it and not everyone and that is our stance as NUM. There were assaults that took place during that period and yet the innocent victims were also dismissed,” said Ngwane.
Ngwane said the union is looking to appeal the dismissals with the the Commission for Conciliation, Mediation and Arbitration.
“The difficult situation comes with those who have appealed their dismissal but don’t attend their disciplinary hearings. Once you decide not to attend the hearing, the company then has the right to take a step forward in a manner that they choose based on your absence as you have then lost the chance to defend your case,” said Ngwane.
Head of legal at Gold One, Ziyaad Hassam, said workers were allowed to attend disciplinary hearings.
“Following the incidents of last year, one in October and early December, a large number of these 401 workers were already dismissed last year prior to the second sit-in on the 8th of December. Dismissed individuals were given a chance to attend a disciplinary hearing, focusing on violations of the company’s code of conduct, criminal behaviour and breaching court orders against illegal protests,” said Hassam.
Hassam said the actions of those dismissed had not only endangered other employees but also cost the company financial and economic harm.
“The seriousness of offences by the employees warranted the actions that were taken by the company but we account for the fact that in a few instances, we may have gotten it wrong and in those instances NUM is aware of the internal appeal process. So, any employee dissatisfied with the outcome can launch an appeal within three days of the employee’s dismissal and they will be allowed to defend themselves at an internal appeal,” said Hassam.
He rejected the allegation of nonpayment of salaries for December.
“All those who were dismissed in December have received their salary and if there are people who did not receive their pay, they are welcome to lodge a complaint individually and it will be addressed,” said Hassam.
