Labour dept’s findings after raid ‘untrue’ – Spar shops in Tshwane
Their lawyer said it was untrue that Elardus Park SuperSpar was fined for employing undocumented migrant labourers, among others.
Police officers during a raid at the Elarduspark Spar in Pretoria, where they, along with the department of employment and labour, Sars and several other government departments, conducted a joint operation to investigate noncompliance of several laws. Picture: Jacques Nelles
Tayegetos Supermarket (Pty) Ltd, which owns two food chain stores and three liquor outlets in Tshwane, is disputing government’s adverse findings of non-compliance against it.
This follows last week’s swoop by officials from the SA Police Service, the departments of home affairs, agriculture, labour and City of Tshwane environmental health on Elardus Park SuperSpar, Mooikloof Spar and a Meatworld butchery.
Lawyer Jonathan Shafir, representing the company owning Doornpoort Spar Tops, Elardus Park Superspar and Tops and Mooikloof Spar and Tops, said his client challenged the findings on the basis that they were “untrue”.
He said it was incorrect that:
- At Elardus Park SuperSpar, 11 undocumented migrant workers had been arrested (this did not occur there).
- Elardus Park SuperSpar was issued with a fine.
- Tayegetos Supermarket failed to comply with labour, immigration and safety regulations.
- The company was “an unscrupulous employer”.
“It is also untrue that my client does not pay staff minimum wage and overtime and that staff are not registered for the Unemployment Insurance Fund. It is also untrue that my client employs foreigners without work permits.
“The labour department representative was quoted as saying that employees worked excessively beyond the 45-hour week, without overtime being paid. He also said employees who were sick and produced a doctor’s note were turned away and forced to stay at home for a week without pay. This is all untrue,” said Shafir.
Department of labour spokesperson Mishack Magakwe responded: “We can confirm that the two Spars are not complying with labour legislation. They have been subpoenaed to our office in terms of section 66 of the Basic Conditions of Employment Act read together with regulation 8 of the Act, to provide certain documents by November 11.
“We have also sent them the calculations of the amount owed to employees in terms of overtime. Failure to respond will lead to us taking further legal action.”
However, Shafir said: “My client is confident all of its labour affairs are in order and has provided the department with documents to substantiate this. The department’s claims regarding overtime are erroneous and my client looks forward to clarifying the error.”
– brians@citizen.co.za
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