By: Sello Theletsane
Carl Niehaus is preparing to take on his employer after being told to provide reasons why he should not be fired.
This came after Niehaus was set to lay criminal charges against the party’s top six for failing to pay staff salaries. After postponing the laying of charges to allow for dialogue between the two parties, he was subsequently hit with a letter demanding reasons why he should not be fired.
Niehaus responded to Febé Potgieter’s letter and indicated that the threat to terminate his employment with the ANC without further notice and without a disciplinary hearing was illegal.
“The short notice of a mere two and a half hours to provide reasons why I should not be dismissed summarily is draconian and most unreasonable. It is contrary to all the laws of natural justice. It is my contention that this is constructive dismissal,” he said.
Niehaus added that he did not deny having issued a media statement his intention with other ANC staff members to lay criminal charges of theft, fraud, corruption, and other charges against the top six.
“The media statement did not state at all that this intended action was on behalf of the ANC Staff Association, nor did it create that impression in any way whatsoever. I furthermore also do not deny that I issued a media statement this morning postponing the intended action of laying the said criminal charges. This course of action the comrades who intended to lay the charges today, together with me, decided on after I had a discussion with comrade Vusi Mdala of the ANC Staff Association,” he said.
Niehaus said the Staff Association requested that they hold back for now with the action as the Staff Association was scheduled to have met with the National Office Bearers.
“Neither of these two statements purported to be on behalf of the ANC Staff Association. The media statement by comrade Pule Mabe, claiming that this was the case, is disingenuous and blatantly false. For him trying to accuse of fraud in this regard is libellous. His attempt to link our intention to lay criminal charges to the DA is disingenuous and utter nonsense. There is no link whatsoever. Anyone who knows my liberation struggle history knows that I will never make common cause with the DA,” Niehaus said.
He said the letter was an attempt by the employer to threaten staff and ensure they kept quiet.
“The intimidatory sledgehammer that you have now brought out against me is intended to intimidate any other ANC staff members from taking a similar course of action,” added Niehaus.
The consequences of the contraventions of the Pension Fund Act continue to impact with devastating effects on the lives of the ANC staff and their dependents, with a sense of hopelessness and despair growing daily.
“I remain convinced that in having announced that I, and some other ANC staff members, intend to lay criminal charges, we are exercising our rights as citizens, and employees of the ANC, to seek any possible crime to be investigated. I would be amiss not to do so once I became aware of apparent criminal activity,” he said.
ANC staffers have not been paid since July. The party informed them in August that they would also not be paid last month’s salaries. The workers have been picketing regularly, hoping that their pleas would not be falling on deaf ears.
That has, however, not yielded any positive results.
