Johannesburg - The ANC has filed court papers to oppose Carl Niehaus’ application in the Labour Court.
Niehaus said his attorneys on Friday approached the Labour Court to set a date for the court case to be heard.
“The matter will soon be heard in a court case in the labour court. We applied today for a date for the court case. I am looking forward for my advocate to get those incompetent vindictive ANC managers under cross examination to explain their blatant flaunting of our labour laws,” Niehaus said.
According to Niehaus’ application, he is intending to claim compensation deriving from an automatically unfair dismissal.
Niehaus in the application, said in 2018 he accepted an offer of employment from the ANC, subsequent to a lengthy tenure as a representative of the party in various capacities.
He was employed with a remuneration package of monthly salary of R71 000, annual bonus equal to monthly salary, car allowance: R10 000, petrol allowance: R5 000, cellphone allowance: R1 500 and 3G card allowance of R500.
On 9 September 2021, Niehaus’s employment contract was unilaterally terminated by the ANC as a result of Niehaus having exercised his rights and making a protected disclosure in terms of the Protected Disclosures Act, 2000.
According to the application when it comes to compensation, the ANC must pay R1 704 000 (24 months’ salary, calculated as R71 000 x 24 months = R1 704 000).
According to the ANC’s application, on 8 September, Niehaus issued a media statement inviting the media to witness charges being laid against the ANC at the Johannesburg Central Police Station.
“The applicant informed the media that once the charges have been laid, a complaint statement will be made available to the media. He, with undisclosed employees, undertook to further address the media outside the police station,” said the ANC in the application.
The application further said: “Contrary to the applicant’s averments, he was dismissed for continuously making public pronouncements that seek to undermine the respondent’s authority as the employer and bring the respondent’s name into disrepute. The ANC summarily dismissed the applicant owing to serious misconduct.”
The application stated: “The ANC is entitled to discipline its employees in cases of misconduct. The right to a disciplinary hearing is not absolute. The applicant (Niehaus) was given an opportunity to defend himself against the allegations made by the ANC. Dismissal was effected after all the relevant facts were taken into account including the applicant’s unequivocal admission of guilt.”
ANC national spokesperson Pule Mabe was not available for comment.
ntombi.nkosi@inl.co.za
Political Bureau