Former Sars spokesperson Lackay stands by ‘constructive dismissal testimony

Former spokesperson for the South African Revenue Service (Sars) Adrian Lackay says he stands by his testimony against Commissioner Tom Moyane, despite losing his bid to claim nearly R1.5 million from his employer for constructive dismissal.

On Friday last week, the Commission for Conciliation, Mediation and Arbitration (CCMA) ruled in favour of Sars after Lackay claimed the conditions he worked under, after Moyane joined Sars in 2014, left him no choice but to resign.

He referred a dispute of unfair dismissal alleging that the respondant had made his continued employent intolerable.

The CCMA found that Lackay failed to prove that he was constructively dismissed but had instead terminated his service for prospects of employment opportunities.

“I approached the CCMA in 2015 with this application to test my rights as a former employee and to put facts on record about the disastrous efforts by Tom Moyane to rid Sars of its most senior and experienced tax officials, based on concocted allegations of a ‘rogue unit’ that supposedly spied on President Jacob Zuma and operated a brothel.

I fully stand by my evidence to the CCMA in this regard, which was presented under oath”, Lackay said.

He said while he was disappointed by the verdict, he respected the chair’s ruling.

“I have been advised by legal experts that constructive dismissal cases are notoriously difficult to prove and win and that this particular subject matter is still fairly under-developed in our Labour Law.

“I will await proper legal advice on whether the ruling can be taken on review.”

The CCMA ruled that there was no evidence that Lackay’s employment was intolerable and if it was, this would have been raised by Lackay directly to Moyane. Lackay claimed he feared disciplinary action had he raised the matter before.

The CMMA found, however, that there was no evidence to support Lackay’s fear of disciplinary steps, had he formally complained.

The revenue collector welcomed the ruling, saying it confirmed Sars’ long held view that Lackay only persisted “with these vexatious and frivolous allegations” in a bid to tarnish Sars’ name and that of Moyane.

“The view by Sars is further confirmed by the fact that, although Mr Lackay never reported to the commissioner for Sars, Mr Moyane, he however insisted in his dispute referral to the CCMA as well as in his ‘fabricated’ and concocted evidence, that Mr Moyane, not his manager, made his employment intolerable.

Sars has always disputed this position.”

– simnikiweh@citizen.co.za

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