By Neo Kolane
The Directorate of Dispute Prevention and Resolution (DDPR) on Monday said it will give a ruling in a matter between Neko Setho and 18 others and Mahlakapese Holdings (LTD) Pty in April.
The applicants are former employees who want DDPR to order Mahlakapase to pay them unpaid remuneration for working overtime and on public holidays between 2017 and 2018, among others.
The matter was before Arbitrator Thabitha Tumahole who, after listening to arguments from both sides on technical matters, said she will give her ruling in 30 days.
The preliminary hearing saw both parties arguing issues of law, which saw Mahlakapese Holdings (LTD) Pty legal representative Emmanuel ‘Mako insisting that the former staffers have no right to be given the moneys accrued during the years 2017 and 2018.
Advocate ‘Mako said the tribunal cannot continue with all issues that the applicants have brought forth with the exception of seven applicants.
On the other hand, Lentsoe la Sechaba Union representative Monaheng Mokaoane was adamant that the DDPR had no jurisdiction to entertain piecemeal matters that the respondent seemed intent on bringing up.
He reiterated that the tribunal had no right to listen to the matters, from condonation and a point of law to claims that the former staff were not hired.
“He even failed to do an application stating that he left some matters out which he wanted to present before the DDPR, because the tribunal would have granted him the application or dismissed it.
“According to the available authorities, this tribunal has the right to listen to the issue of underpayment and working during public holidays.
“The human resource officer knew that matter at hand, and the records were kept in their office. The human resource officer knew that the staff were owed for public holidays and overtime,” Mokaoane said.
