10/04/2025
Publication: Simunye Workers Forum
Author: SWF Press Writer
Employer refuses to pay national minimum wage
Contact people:
Atanasio Mabunda on 073 170 4165
Matsoanelo Matomotomo on 071 914 6196
Connie Masekwameng on 060 872 4291
Workers will be picketing tomorrow (Friday 11 April) from 9am at M&N Waste at 6 Sellers Road in Boksburg, Gauteng. M & N Waste is a recycling company that mostly employs migrants from Mozambique and Malawi who have been working for many years for the company without work permits - for between six and 26 years each.
The workers have never been paid the national minimum wage even though they are entitled to it.
They referred the matter to the CCMA and on 13 December 2024, won their case. After that, the employer began telling eight of the workers: "you now know the doors of the CCMA and therefore you need to bring your work permit when you come back to work in January". The workers have never needed to show their work permits for years or decades before that.
SWF then wrote a letter to the company alleging that the workers were being unfairly dismissed and that they were going to report for duty.
SWF is aware of section 38 of the Immigration Act that places a prohibition on the employment of foreign nationals without work permits, but this proscription is placed on the employer and not employees.
Hence, tomorrow workers will picket because the employer is breaking the law by refusing to pay them the National Minimum Wage of R28.79 per hour.
The employer has now intensified his attack on the workers. On 7 February, he suspended the workers, telling them he was placing them on "general incapacity", even though they are in no way incapacitated. (Incapacity refers to the performance/ability of an employee to perform a specific type of work).
This is a clear case of retaliation by an employer because the workers challenged him over his refusal to pay the minimum wage. It is a clear victimisation
In the judgment in the matter of Discovery Health Ltd v Commission for Conciliation, Mediation & Arbitration & others (2008) 29 ILJ 1480 (LC)m it was found that the employment contract of the migrant worker was valid even though he did not possess a valid work permit.
The workers have told the employer that if he suddenly wants them to have work permits, after never having required these before, they will need one month's paid leave to go back to their home countries and apply, but the employer refused to grant this.
We are telling the exploiter that the migrant comrades will not go away. We will stand with them and fight any suspension or dismissal right up to the highest court in the country. We will organise more demonstrative actions and expose the brutality of this employer.
This exploiter, after making profits from the labour of the migrant workers for many years, now wants to chase them away. We will not allow him to get away with this.
Contact people:
Atanasio Mabunda on 073 170 4165
Matsoanelo Matomotomo on 071 914 6196
Connie Masekwameng on 060 872 4291