Former EFF senior employee takes party to CCMA over 'docked pay for more than a year'
A former EFF senior employee in the Free State is taking the party to the CCMA, claiming the party docked his pay for over a year.
Former Free State provincial administrator Frans James has made shocking claims against his former party and the then secretary general Godrich Gardee.
Speaking to News24, James claims he was dismissed from the party for speaking out against illegal docking of Legislature Salaries by the organisation.
In his strongly worded letter seen by News24, James speaks of how Gardee and two provincial EFF leaders went to great lengths to victimise and frustrate him out of work after he questioned what he called an illegal practice of taking portions of his salary.
"This came after I questioned withholding of part of my salary by the organisation since September 2016 which is paid from the Free State Provincial Legislature into one of the three bank accounts of the organisation," James wrote.
No comment
News24 spoke to Gardee who said he was aware of the CCMA case for unfair dismissal by James. Gardee however said he could not comment any further as he was no longer EFF secretary general.
Marshall Dlamini replaced Gardee during the party's "National People's Assembly" conference, where the party elected a new top six.
When approached for comment, Dlamini said he would only be able to speak on matters related to his office on January 13 when he steps into his new role.
According to James, more than R500 000 including benefits were docked illegally from his pay by the party.
Salary docking
He says the salary docking came after EFF provincial chair Mandisa Makesini, allegedly advised by Gardee, wrote a letter to the War Council asking them to deduct salaries of EFF staff paid by the Legislature "because it was too much", diverting to other needs of the organisation.
"This saw 50% of salaries of all staff members and their benefits taken away by the EFF. This led to many staff members running into financial ruin, with others going for debt. Administration and others suffering health breakdown as a result," he added.
During the party's election former treasurer general LeeAnn Marthys told journalists the party had forked out R32m from its IEC, legislative and parliamentary funding budget.
In the same elections in December, one party delegate spoke of an unfair practice where salaries of councillors were docked up to 50%, as opposed to that of MPs.
EFF leader Julius Malema at a press briefing admitted the party would have to review this practice.
'Free to leave'
James adds that when staff complained to party leaders they were told, "they are free to leave and get jobs elsewhere".
"As staff we organised ourselves and wrote a letter to the DP, Floyd Shivambu as he is the head of governance in the EFF and controls all the Caucuses (National, Provincial and Municipal). Our pleas fell on deaf ears as he didn't even respond. We later learned that he may have also been canvassed in the whole thing."
He said he personally wrote to his HR manager and the then DSG, Hlengiwe Hlophe, but received no joy and "was sent from pillar to post".
'I must let this go'
He was first told the office of the treasurer general said the salaries were too high, and that if he wanted to keep his post, "I must let this go".
"Hlope refused to intervene and apparently said she doesn't want to upset the Commander-In-Chief [Malema].
"But then my contention was that why was this only applied to the Free State Legislature staff and not with other provinces. Why the leadership was not leading by example by also taking salary cuts," he said.
James added that he started facing abuse from the party's leaders leading to Gardee allegedly calling him a drunk at a party campaign meeting.
He was then charged for misconduct and bringing the party into disrepute for a social media post leading to his dismissal from the party.
"On November 25 was the day the hearing was supposed to sit and the employer representative was not there. I have records in a form of attendance register and audio clip of the hearing to that effect. Since then I didn't hear from the HR until December 23 when she sent me the dismissal letter. I have since referred the matter to the CCMA and the date is set for January 17."
James added that he did not care for the job or the money he believes he is owed.
"I want to expose the hypocrisy of these people who are masquerading as the vanguard of the working class and I know that they are saying that I will never get my money because they are going to frustrate me until I don't have a cent to mount a legal battle."
