It was alleged that the commission excluded Chana Pilane-Majake when it paid middle management service (MMS) and senior management service (SMS) arrears of the employer’s contribution to the provident fund.
Pilane-Majake had alleged that it also withheld payment of a cellphone allowance from the time she was on precautionary suspension, even though she submitted her monthly invoices.
In her findings Madonsela said: “Evidence, mainly from the CGE payroll records, shows that SMS members did not benefit from the payment of arrears contribution to the provident fund and only MMS employees received such.
“If SMS employees were entitled to be paid arrears contribution to the provident fund she would have been entitled to such payment regardless of her being on precautionary suspension at the time of her having opted to an exit package that failed to take such matter into account.”
Madonsela found that Pilane-Majake’s cellphone allowance complaint was substantiated.
During her precautionary suspension, Pilane-Majake handed in the commission’s cellphone and 3G card, but had to use her private phone and internet to communicate with the commission during an inquiry.
“As she remained a CGE employee until the termination of her contract of employment, the employer would in terms… of the principles, policies, rules and regulations for the staff of the Commission for Gender Equality have to bear the cost,” Madonsela said.
She found that Pilane-Majake suffered prejudice in that she was left to personally bear the cost of communicating with the commission.
“She further suffered an administrative injustice in that she expected the CGE to treat her fairly by duly considering her legitimately expected payment.”
Madonsela recommended that the commission reimburse Pilane-Majake with interest for the use of her private phone and internet, as provided by the Prescribed Rate of Interest Act.
“The chairperson of the CGE is required to submit a report indicating the action taken with regard to the implementation of this report within two months of the date of the report,” she said.