Times Of Swaziland: KUKHANYA WORKERS DEMAND EXIT BENEFITS

KUKHANYA WORKERS DEMAND EXIT BENEFITS
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 BY NTOMBI MHLONGO  on 08/02/2021 09:21:00


MBABANE - Where is the money?
This is the question that construction workers who were hired by Kukhanya (PTY)
LTD are demanding an answer to following allegations that they were promised
termination or exit benefits after the construction company, together with
Stefanutti Stocks, sold their shareholding in the KISS Joint Venture to Inyatsi
Construction.
The selling of the shareholding officially meant that Inyatsi is now the lead
contractor of the project.
In a letter dated December 12, 2020, which is in the possession of this
publication, about 15 employees of Kukhanya communicated their discontentment
regarding the termination benefits they claim were promised to them. The
employees include foremen, quantity surveyors and safety officers among others.
Summoned
According to the letter, which bears signatures of the employees, they alleged
that on Tuesday November 24, 2020, they, together with those from Stefanutti
Stocks, were summoned to the ICC Auditorium and addressed by senior management
regarding the procedures which were to take place in order for them to
‘transfer’ to Inyatsi for the remainder of the ICC/KISS Projects.
“We were informed that if we are interested in joining Inyatsi, then we should
sign a form expressing our interest in doing so. This was merely an indication
from the staff and was accepted without prejudice,” reads part of the letter.
The employees said it was expressed by a representative of Kukhanya on site that
those who would not express their interests would be left out.
“This was correctly interpreted by the personnel as being told that we no
longer have jobs at Kukhanya Construction, and the choice to join Inyatsi was
not a choice in the truest sense of the word. It was a case of either join
Inyatsi or you are unemployed,” the employees stated.
The employees said the next step in the procedure was that all Kukhanya
employees were instructed to resign, on or before November 30, 2020, in order
for Inyatsi to incorporate them into the payroll so that they could be
guaranteed of being paid in December 2020.
“During the various discussions and meetings, individual staff members
enquired as to the benefits which would be paid out upon termination of our
employment, and we were repeatedly informed that we would receive all of the
applicable amounts in accordance with labour laws.
“It was also stated that in a meeting held in the site boardroom on Monday,
January 4, 2021, Kukhanya human resources manager was working on the severance
packages and that it would be sorted out in two to three days,” the employees
alleged. They claimed that upon reporting for work on Monday December 10, 2020,
they were verbally informed that no termination benefits would be paid to them
as they had all resigned.
“We feel that this is unfair, as nobody resigned on their own accord. We were
all advised or even instructed to resign, with the understanding that we would
be paid our severance benefits. Also, there were no exit interviews done,”
alleged the employees. They also alleged that it was widely known that included
in the settlement amount for the buyout of ICC, Kukhanya Construction was paid
an amount which was intended for the payment of termination or severance
benefits.
According to the employees, such was a fact that could not be denied and that in
the event it was disputed then Kukhaya would have been unjustly enriched.
“There has also been a sentiment expressed, admitted indirectly, that the
staff has not lost anything, because they have all commenced new jobs at
Inyatsi. This is not true, as all of the affected staff members will be starting
with negative leave because of the impending builders break. We have all
essentially lost the leave that we accrued during the year at Kukhanya,”
emphasised the employees. They said they were reiterating their position that
they were entitled to some or all payments pertinent to the termination of the
employment.
Payment
These include payment in lieu of annual leave accrued, severance pay, and
termination benefits as prescribed and in accordance with the length of service
plus notice pay.
In the letter, the employees requested urgent response within 48 hours in order
for them to explore other courses of action which could be deemed necessary.
The letter was addressed to Peter Ngwenya, who when called by this reporter,
mentioned that he was not the one to give answers on the concerns raised by the
employees. Ngwenya said this was so because he was no longer an executive member
of the construction company.
“Unfortunately, I do not know anything about Kukhanya and KISS because I am
not part of the executive now. I am a retired person and I am sure they know
that very well. There’s management at Kukhanya who deals with those things,”
Ngwenya said.
He said it was unfair to seek a comment from him when he retired five years ago
from the company.
In an interview with some of the employees, they mentioned that they were of the
view that the company had pulled a fast one on them yet they were aware that
there were funds meant to cater for their termination benefits.
“Yes, we have written to the company because we feel management is being
unfair to us. We delivered the letter to the head office at Moneni and further
sent it through WhatsApp to the managers,” they alleged.
According to the employees, management said it was still consulting with its
legal representatives on the matter.
The employees also said that they had approached the Office of Labour
Commissioner, Mthunzi Shabangu, to lodge their complaint. Shabangu, when called
last Friday, confirmed that the concerned employees wrote to his office.
“For now, we are advising the company on the legal process of the matter you
are talking about,” he stated.
In November, this publication reported that Inyatsi Construction was now the
lead contractor of the KISS International Convention Centre (ICC) project in
Ezulwini. This was after the company and its two initial partners, Kukhanya
(PTY) LTD, and Stefanutti Stocks (PTY) LTD who were part of the initial KISS
Joint Venture finally agreed to an amicable settlement regarding their status
after government terminated the main contract a few weeks ago. It was stated
that by agreement, Kukhanya and Stefanutti Stocks had agreed to sell their
shareholding in the KISS Joint Venture.
KISS Joint Venture newly-appointed representative Wayne Levendale said all he
could confirm was that they agreed on a payout with Kukhanya and Stefanutti.
“We cannot be sure how they used the money that was paid out to them,” he
said briefly.
Nilson Biton, who was identified as the Managing Director of Kukhanya, was also
called last Friday and he responded by saying he was in a meeting.
An SMS was sent to him to provide answers on the concerns by the employees and
there was no response.
When called yesterday, he informed this reporter that he was awaiting a response
from the company’s lawyers.
Response
“Let me get the response from the lawyers and I will get back to you probably
tomorrow (today). I would rather give you the response from the lawyers than me
saying anything. What we did is, we requested the lawyers to look into the whole
issue so that the company can know what is due to the employees and what is
not,” he said.
It should be noted that in December last year, this publication called Biton
regarding the matter and he gave assurance that the company was working on it.
He said the company was handling the process of paying the employees what was
due to them.
He said this was being done in accordance with labour laws.
“It is not like we are refusing with the payments. We are working on what is
required. I think this issue should not stress the employees. I say this because
there was actually no termination. They were not terminated. Remember, this is a
settlement between three companies so these employees were moved into a new
company. So it is not a termination per se but look, people when they raise
issues like this, they do not know exactly what is happening,” he said.