Johannesburg - Fired ANC member and Umkhonto we Sizwe Military Veterans Association (MKMVA) spokesperson Carl Niehaus says he is taking the ANC to the Labour Court after the party allegedly snubbed him at the Commission for Conciliation, Mediation and Arbitration (CCMA).
Niehaus took the ANC to the CCMA on Thursday over what he called unfair dismissal. He was fired with immediate effect by the ANC on September 9.
He said the governing party had fired him after he laid fraud and theft charges against its senior management after the party allegedly made UIF deductions from staff salaries, but used the funds for other purposes.
“I have taken the matter to the CCMA, I have no doubt that all the various clauses of labour legislation have been broken by this unfair dismissal, and I will be able to emerge from the CCMA hearing or subsequent action I may still decide to take victoriously,” said Niehaus.
After the hearing, Niehaus told Independent Media that he intended to take the matter to the Labour Court.
“There is no conciliation. We had a report from both sides. I made a proposal which the commissioner described as very reasonable and pointed out to the ANC that they faced many challenges in this case, and I could make life easy with my proposal. The top decision-makers said no reconciliation,” Niehaus said.
Niehaus further added that his proposal was “six months’ pay and early retirement”.
“The only thing they said was that I insulted the president, therefore they were not interested. The issue they raised about the president does not even relate in terms of the timeline to the reality of the matter.
“They said I said the president must go. But the campaign on the ‘president should go’ started on 1 November 1, 2021, I was fired on September 9. This is just political irrationality and emotional response,” he said.
He also said ANC was represented by the head of HR.
“I am now going to the labour court and I am going to file a case of unfair dismissal. The whole issue was about whistle-blowers, and they fired me for that."
He said he had gone through reasonable steps, he was prepared to go to the hearing of the appeal, but they cancelled the hearing last month.
“I will file our papers this week, then we will hear from the Labour Court when we can appear there. Going to the Labour Court is going to cost the ANC more in terms of legal representation than it would have cost them to pay me for six months salary,” Niehaus said.
ANC national spokesperson Pule Mabe was contacted for a comment, but failed to respond by the time of publication.
ntombi.nkosi@inl.co.za
Political Bureau