CWP workers of 55 and older sacked

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GRAAFF-REINET NEWS AND VIDEO - Community Works Programme (CWP) participants aged 55 and older were taken aback by a notice issued on 24 December by Mbulelo Tshangana, Director-General of the Department of Cooperative Governance and Traditional Affairs, informing them that their contracts would be terminated on 31 January.

Tshangana explained that budget cuts by National Treasury are severely affecting its ability to sustain expenses related to the programme.

This includes the payment of stipends, the provision of personal protective clothing, training, tools and materials for more than 255 000 participants.

"The department is already overspending, and this threatens the payment of stipends for February and March this year.

"In light of this situation the department has no other option but to reduce the number of participants in the programme," he said. According to Tshangana, final payments to affected participants will be made on 25 January. This means that their last working day was in

December last year and that they should, therefore, not report for duty in January.

But is it legal?

One of the affected participants in Willowmore, who asked not to be named, questions the lawfulness of the notice. "Are they allowed to give us such short notice after we've been working for six years? Surely, they can't treat us like this? We don't even know whether we will be receiving our UIF benefits," she said.

Counsellor Eldrige Ruiters said there is no doubt that the termination of the affected participants' contracts constitutes unfair dismissal and therefore he is referring the matter to the Commission for Conciliation, Mediation, and Arbitration (CCMA).

Ruiters says there has been no consultation with the affected participants. "On top of this, the termination is ageist. All participants should be treated equally, without discrimination based on age," he said.

Participants aged 55 to 60 have been in the programme the longest, but the last-in-first-out principle is not being applied.

Bearing brunt of cuts

In addition to the labour-related issues, Ruiters also questioned the fact that CWP participants have to bear the brunt of the budget reduction.

"CoGTA is concerned about the budget, but participants receive the least amount of the funds while implementing agents are paid millions for the least amount of work," he said.

Based on this, Ruiters has already written to the Minister, Director-General, and chairperson of the Portfolio Committee requesting them to retract the decision.

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