Four people arrested during sting op at east mall restaurants, workers owed millions

Four people working at two different restaurants at Menlyn Shopping centre in Pretoria east including a manager of one of the restaurants were arrested on Sunday following a sting operation.

Police spokesperson Warrant Officer Johan van Dyk said the employees were arrested for being undocumented foreigners, while the manager was charged and fined for employing illegal immigrants.

The police, Home Affairs and the Department of Labour conducted a joint inspection operation on Sunday night following a tip-off of unfair labour practices after a woman took to social media to raise concerns about toxic and poor working conditions.

The young woman shared how she was required to buy her own equipment and alleged there was no basic salary, only tips and a daily non-refundable breakage fee of R200.

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Minister of Employment and Labour, Nomakhosazana Meth, said the four people were arrested: two undocumented foreign nationals working at a restaurant in Menlyn Mall, including their employer. An undocumented foreign national working for Mr Delivery collecting a meal at another restaurant at the shopping mall was also arrested.

Meth said the first restaurant was raided following a tip-off through social media about serious allegations of mistreatment and unfair labour practice by a former employee of the restaurant.

“This set in motion an integrated inspection team made up of 12 Inspection and Enforcement Services (IES) in Gauteng, led by the Department of Employment and Labour. They were duly supported by 15 officials from Home Affairs under the leadership of the acting provincial head, Albert Matsaung, as well as 21 officials from the Hawks led by Lesiba Mokoena.”

Meth said the Bargaining Council, represented by Monica Basillio, also formed part of the operation.

She condemned in the strongest terms the ill-treatment of workers, in any workplace environment, and encouraged employees who may be facing unfair labour practices to report it to the nearest Labour Centre in their area.

“The exploitation of vulnerable workers by employers, will not be tolerated in any sector. Members of the public who may be facing unfair labour practices are encouraged to report such incidences to the nearest Labour Centre, as matters of this nature will receive our urgent attention. We take issues of employment and labour matters very seriously,” said Meth.

She said the pertinent issues regarding the non-compliance of the employers included that both employers did not comply with the provisions of the National Minimum Wage Act (NMWA).

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The restaurant failed to comply with Section 4 (4) and (5) of the NWWA, in that the employer failed to compensate the employees by the prescribed minimum wage rate for 2024, R27.58 per hour.

Meth said the amount the employer owes the employees due to underpayment is estimated at more than R270 000.

She said for cleaners. the wages owed are estimated to be around R295 547.

Meth added that waiters were remunerated only through commission and tips and some were remunerated with as little as R150 per shift, at a maximum of R300 per week, which is far below the National Minimum Wage.

She said workers at the restaurant where the manager was arrested worked 12- and 15-hour shifts daily, which is in contravention of the daily and weekly rest period provided for in the Basic Conditions of Employment Act.

At the other restaurant where the delivery man was arrested, waitresses were also remunerated on tips and commissions.

“The amount the employer owes the employees is estimated to be around R813 969.”

Meth said a combined total of more than R1,38-million is owed to the employees of both restaurants.

– The employers failed to comply with the provisions of the Unemployment Insurance Act (UIA).

“Babel Restaurant was found non-compliant with Section 56 (1) – (3) of UIA in that, the employer is not registered with the fund, does not submit monthly declarations of salary information and does not make payments of contribution to the fund.”

She said the second restaurant is registered with the UIF, but does not submit monthly declarations of salary information to the fund.

– Compensation of Occupational Injuries and Diseases Act (COIDA) was not adhered to with the provisions of the COIDA:

“The first restaurant is not registered with the Compensation Fund and has not submitted a return of earnings since its inception and commencement of operations from June 1, 2024, while the other restaurant failed to submit the return of earnings for 2023 and owes the compensation fund R72 000.”

Meth added that both employers further failed to comply with Section 81 of COIDA, by not providing the requested employees’ remuneration information, detailed payroll information, SARS EMP 501 and annual financial statements.

She said the employers failed to comply with section 82 of COIDA in that the employer failed to consistently submit annual returns of earnings and pay annual assessments.

– The employers did not comply with the provisions of the Occupational Health and Safety Act (OHSA).

According to General Safety Regulartion 2(1), the employer failed to evaluate the risks in relation to the use of their machinery or the conditions of their machinery thereof.

According to General Administrative |Regulation 6(1)(a), the employer failed to do legal safety appointment for safety representatives.

Both employers failed to ensure compliance with gas installations and the Certificate of Conformity in that regard, and as a result, the use of gas in the kitchens of both restaurants was prohibited.

Furthermore, a prohibition notice in terms of structural deficiency regarding the reception and the entrance was issued to Babel restaurant.

Contravention notices were issued for noise levels and the quality of air at the restaurant.

– The employers were found non-compliant with the provisions of the Employment Services Act with the Immigration Act administered by the Department of Home Affairs and as a result, two employees at the first restaurant were apprehended, including the owner and the Mr Delivery worker, who was collecting food.

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