THE Lesotho High Commission in South Africa has been dragged to the Commission for Conciliation, Mediation and Arbitration (CCMA) for inexplicably downgrading all its workers’ employment contracts from permanent to five year fixed-term contracts.
All employees at the Lesotho High Commission in Pretoria and its Consulate in Johannesburg have been affected by the termination of employment contracts.
The workers were not given reasons for the termination of their old contracts.
The workers were given the letters of termination on 11 January 2022, with the new fixed term contracts given on 27 January 2022.
The High Commission was charged at the CCMA after it failed to heed a call by the Local Employees in Missions Accredited to South Africa (ULEMASA), which represents the employees to resolve the matter.
Among other things, ULEMASA questions the new contracts as they are only in accordance with the Lesotho laws but not in alignment to the South Africa laws.
ULEMASA’s secretary general, Sipho Mahlangu this week told the Lesotho Express that the Lesotho High Commission’s unwillingness to listen to the employees’ grievances had been a long-term struggle for them in their attempt to build strong employee and employer relations.
He claimed that all the Lesotho’s heads of missions in South Africa shunned meeting with trade union officials or tolerate employees who join trade unions.
Mr Mahlangu said they had already charged the High Commission at the CCMA and planned to elevate the charge to the Labour Court, should the CCMA step not produce the desired outcome.
“We have already filed a case against the High Commission at the Commission for Conciliation, Mediation, and Arbitration as the first step to try and resolve this matter but if it fails, we will be taking the matter to the Labour Court,” Mr Mahlangu said.
Prior to the CCMA charge, ULEMASA warned the High Commission of the illegality of the move it intended to take, although it still went ahead with it.
In a letter dated 25 January 2022, to the Lesotho’s High Commissioner, Nehemia Sekhonyana Bereng, Mr Mahlangu said Lesotho was breaching contractual terms for terminating the workers employment.
The same letter titled ‘Breach of Contract Notice to the High Commission of the Kingdom of Lesotho to South Africa’ is copied to the Foreign Affairs and International Ministry and Labour and Employment Ministry in Lesotho.
“Pursuant to the letter presented to our members (LRP’s) titled ‘Re: Termination of Employment signed by the Ministry of Foreign Affairs and International Relations of the Kingdom of Lesotho,’ which followed with new fixed contracts to all the locally recruited personnel employed at its mission,
“The Kingdom of Lesotho has conducted itself in such a way that has breached the previous contracts in terms of Section 77(3) of the Basic Conditions of Employment Act and Labour Code Order of 1992,” Mr Mahlangu said.
“While we prepare to file a lawsuit against you for the mentioned claims, it is hopeful; that a mutually acceptable resolution outside of a publicly filed litigation can be achieved.
“Unless the aforementioned issues are resolved, this letter formally places you on notice of the legal requirements concerning document retention, and expect you and the Kingdom of Lesotho to resolve this matter as soon as possible.
“You have a legal obligation to maintain and preserve any and all documents, materials and information, in any form whatsoever, that may be potentially relevant to the subject matter, or discoverable in any potential action arising from, this breach.
“It is in the best interest of both the Trade Union and the High Commission of the Kingdom of Lesotho to resolve this matter as soon as possible. If there is no response by Monday 31st January 2022 then it shall be our right to pursue any and all available legal and equitable remedies, including but not limited to, instituting formal litigation proceedings against you,” Mr Mahlangu said in the letter.
In the letter of termination of contracts dated 11 January 2022, seen by this publication, the principal secretary of Lesotho’s Foreign Affairs and International Relations Ministry, Thabo Motoko wrote:
“This letter serves to inform you that a decision has been reached to terminate your employment with effect from 1 March 2022. You will be serving one calendar month notice effective from 1 January 2022 to 28 January 2022. May I on behalf of the government of Lesotho, thank you for the services rendered since you joined the service.”
In a response letter to ULEMASA dated 10 February 2022, Mr Motoko said the employment contracts were terminated to correct anomalies that existed within the workers employment terms.
