19 MARCH 2018

CCMA HEARING/ARB….CASE ECPE1503-18(ECPE)

EMPLOYEE: RAVI H.GOVENDER…..EMPLOYER:PHILOCK SIGNS

Good Day all,

My name is Ravi Govender, I was engaged as a Marketing Consultant by Philock Signs officially , by a
verbal contract between Mr Carel Du Preez and myself ,with a promise of written contract,from
01/10/2017, although I commenced working from the 25/09/2017, and this being in spite of
receiving a salary advice ,via email, on the 25/11/2017….stating the date of engagement was the
01/11/2017.I was repeatedly promised a written contract by Mr Du Preez, who said he was waiting
2for a HR consultant , Verna to draw up contracts , as per our agreement.

Upon me accepting this position , Mr Du Preez interviewed me and we discussed the terms of
engagement and a suitable remuneration package , which was finalised on the 26/11/2017.We
agreed to a R25 000 basic salary , 50 % of medical aid, of which I had to source and I did and sent
Carel the details via email and all travel , accomodation and fuel expenses .We discussed in length
my family’s and my living expenses and Mr Du Preez , agreed that R25 000 +commissions will allow
me to live comfortably.I was also assured of receiving a new vehicle,the company was in
negiotations with Wesbank for finance, but was allocated a older vehicle for use in the interim. The
issue of commissions was discussed with me about a week later, I was offered a 3% commission
based on gross profits, but the condition was that I was to share this with Vicki Stone, provided I sent
her all my Clients details , so she can do quotes and constant follow ups on prospective business ,
whilst I serviced existing clients, including doing deliveries, which will justify my basic salary and
benefits, and source new clients, I readily agreed to a 50/50 split on the commission, sadly this
arrangement was designed to benefit the company only, I now have come to the harsh reality , that I
was only being used to market the company as this company boasts a LEVEL 2 BEE , and re establish
their fledgling client base, which I discovered was in tatters upon calling on clients including clients
from my personal client base and thousands of kilometres later, which I constantly reported to Mr
Du Preez, whose reaction was “ I am aware , the Previous management F#$#@# up”. Vicki, who was
supposed to be my better half of the marketing team, did only send out Quotes, but was constantly
“TOO BUSY” with Luister FM work to follow up on clients already quoted, as was the terms of our
agreement. Notes of all that I am declaring was constantly made by Mr DU PREEZ, who when I asked
constantly for my contract, always said “I HAVE IT HERE , SOMEWHERE, YOU CAN TRUST ME, I WILL
SORT OUT YOUR CONTRACT AS PER OUR AGREEMENT” I feel that my integrity has been violated and
manipulated, for the trust I placed in MR Du Preez

From the onset of my engagement by Mr Du Preez , it was a mutual agreement that it would take at
least 3-6 months for us to start seeing decent orders of sizable amounts, I was extremely positive
we could turn things around, knowing the construction field , and also knowing the potential of the
company from previous dealings with Penny Farthing and Philock Signs, as was Mr Du Preez. He
stated he was a businessman and understood the logistics involved in building up new client bases,
we once again agreed to the timeframes and he reassured me that he will have contracts drawn up
as per our verbal agreements of which he said he had notes, as he doesn’t operate without making
notes . I was then asked if I would do a delivery to Namibia, as they had made commitments to a
client , Raubex Engineering, a company well known to me , and they were already past delivery
date, I agreed as I had a valid passport, and the company didn’t have anyone else to do delivery, I
once again reminded him that I didn’t have a contract, nor Medical Insurance, he once again assured
me all will be sorted out upon my return, I wasn’t even asked for my id ,drivers , or to sign any docs
for company liability insurances. This was the faith I had in Mr Du Preez’s word as a genteleman. I
have done close to 50 000 km since that trip in establishing the company’s credentials and sourcing
new business and sales , still without a contract , based solely on the ‘MY GOOD FAITH AND
PROMISES ‘ of Mr Du Preez.

At the end of October I received as remuneration a salary as promised by Mr Du Preez, including

monies for doing deliveries for the company, his word..”I will take care of you “ was good. I was
taken aback when during the month of November 2017, I was visited by a lady called Verna, who
said to me she consulted for the company as a HR consultant , and proceeded to re negiotiate a
salary package with me , and informed me that she had been told that my Package was R20 000 all
in, I then informed her of the agreement between Mr Du Preez and myself, to which she said I was
welcome to discuss it , the package with Mr Du Preez. The following I did, also learning from Mr Du
Preez that she lied about details of our discussion, saying I asked about Union Membership, Mr Du
Preez’s comment to me was “I AM F#$%^& OFF WITH YOU”, upon hearing this I asked why, and he
explained that he detested unions, to which I replied I never asked about unions and didn’t even
know which union represented the Philock staff, but I am quite capable of obtaining legal
representation on should the need ever arise, as might be the case now. He once again assured me
he will take care of my contract as per agreement and he also said he explained to Verna and his
business partner, I’Andre what my package was, and the reasons we had agreed to this, but this was
another blatant lie again…upon receiving a payslip via email , I only got R17041.86..this worked out
to R20 000 less deductions, of which I never signed any docs, but I do understand labour law dictates
that UIF and PAYE is statutory …my bewilderment comes in the fact there is not contract as per our
“VERBAL AGREEMENT” and I broached the issue with Mr Du Preez ,who once again lied to me and
said he will sort out with I’Andre. I brought up the issue with I’Andre , who merely said that was the
agreement of which he was aware.

I once again brought up the issue with Carel , who again assured me he would sort out matter, I also
enquired about medical aid , and he again assured me he would sort out, as he was sorting Vicki’s
out also.This again was a blatant lie and matter was never resolved .Sadly I went along with situation
, as I am the sole breadwinner of my family and needed this job, my wife said to me “Its better then
nothing”. December 2017 come , and with it being the festive season , expenses are higher. I once
again received the same amounts of monies, I tried calling Mr Du Preez and texting him on
numerous occasions, informing him of my family’s plight, but he coldly ignored me, this was proberly
one of the saddest Christmas seasons my family had to endure. We were paid on the 15th of
December 2017, and the company shut down, I was informed by an employee that my co allocated
bakkie was to handed in to him, which I duly did, as I did every weekend since I was given the bakkie.

On the 8th of January 2018 I was told to return to work by Mr Du Preez, I once again broached the
subject of my contract, and begged him to please draw up my contract as per our agreement, and I
would sign with him as I did not trust the way Verna conducts sensitive issues, he agreed and
promised to have it sorted out. He also reassured me not to worry, as he did in December, that he
could see I was working very hard , evident from the quotes we did in his dropbox and he also
believed business will improve and he understood the constraints facing the contractors,ie..LABOUR
ISSUES,DELAYS BY CONSULTING ENGINEERS,SANRAL AND MUNICIPALITIES, but he was happy to
note that my efforts was yielding business trickling in, I felt reassured . I was even given R2000 for
fuel and expenses for using my own vehicle for business, he said he felt bad about my situation.
 To my dismay , by mid January 2018, attitudes towards me started to change, Vicki broached the
subject of sales, saying she understands the constraints we were facing , but she was also snowed
under, due to the fact that she was marketing Luister FM, and didn’t have the time to follow up with
clients I had quoted on, also “Carel and I’Andre were new to the business and do not understand the
business”, he exact words. Carel also started pressurizing me, which led to me pressure selling,
leaving some clients to become annoyed….see email attached. During this period there was talk by
various staff members including Vicki that the company was not coping with production, due to
insufficient materials , one of the principle reasons being non payments by some big clients. Orders I
was getting in was not being made or delivered on time, despite , MR BIG TALKING CAREL saying to
me upon my engagement, “I HAVE THE RESOURCES TO GET ANY SIZE ORDER OUT WITIN ONE WEEK”
Another example of being mis led .

By the second week of Febuary 2018 the whispers of the company being in trouble started gaining
momentum, Vicki said to me short time and retrenchments was going to become reality, I said to her
and she agreed that the bigger contracts were starting and orders starting to come tru,
ie..Roadmac..Fort Beaufort. On the 16th Febuary 2018, I was calling on WBHO at Coega, when I
received a voice text from Verna saying she was waiting for me at Philock, I naturally assumed this
was in relation to my contract. Upon my return , she asked to meet me in a common meeting area
and informed me that I was being retrenched, and proceeded to race trough terms and conditions of
my non existence contract, again unprofessionally within earshot of other people. I was shocked and
dumbfounded, she proceeded to draw up docs to this effect and had me sign docs ,of which I was
not given copies or a chance to read but was told to sign, including a loan form for slips lost from
monies given to me for expenses, of which I explained as I had done with the accounts clerk and
I’Andre and Carel, that I had only used R3000 of the monies personally , which I cleared with Carel,
the other slips I had in a plastic sleeve and may have left in the bakkie as I did not have at home, as
previously mentioned the bakkie was driven all weekends and over the December break by various
other people,at least 5 different persons, so the slips may have been lost, including times the bakkie
was in for services or car wash.I was promised copies of docs Verna made me sign, but no copies
were given to me, she , I have come to the conclusion she an instrument of doom the company uses
to rid itself of employees who have served their purposes, and from my observations mostly black
employees to be replaced by cheap white labour, she also blatantly lies , as in me enquiring about
union membership and acting all surprised that I don’t have a written contract or copies of docs she
had me sign, in spite of her promising me she will give copies to me, she also stated to me at our
next meeting, when I mentioned the concerns of the company being in trouble her reaction was,”I
saw that coming middle of last year already ”her exact words.

From the date of this unprofessional conduct of the company and their “HR CONSULTANT” I have
conducted myself with humility and tried via various meetings and texts with Mr Carel Du Preez to
resolve these issues(copies attached) …including agreeing to a meeting with Verna,my attempts
were in vain and Verna informed me the company was not prepared to settle matter amicably,this
led me to referring the matter to the CCMA and lodging an official complaint with the Dept of
Labour, who are currently conducting their own investigation, I have been informed , as per
complaints against this same company for unfair labour practices.

I bring to this hearing, with tears in my eyes, how is it possible for people to treat other human
beings in this manner , Did Carel, Verna or I’Andre ever reflect of how I was going to survive , pay my
rent, buy food and send my child to school? Have they ever experienced the sadness of a wife
weeping bitterly in the dead of night in bed, and you have no words to console her ? Have they
experienced the bitter sadness of a child, studying for matric quarter tests of not being able to
concentrate , due to rent not being paid, worrying about being evicted, apart from not having lunch
for school the next day? Have they worked as hard as I have , leaving 2 women in my family alone for
days on end, to the benefit of the company, and worrying about making ends meet? I am totally at
loss at the cruel and bullying manner by which I have been subjected to by Mr Du Preez and his
counterparts, it disgusts me that we are supposed to have evolved from our previous experiences in
current South Africa, but companies like Philock signs continue with unfair labour practices, mostly
to people of colour, of which I have been a first hand witness.

In closing all I ask of this hearing is to be fair, I am humbly requsting,:

1) My full salary for Febuary 2018 and at least 2 months servarance pay for my loss of earnings
and the time it might take me to obtain new employment… I trust this is line with the
current labour act
2) All my salaries be calculated as per original agreement with Mr Du Preez , I be back paid the
difference in amounts of R20 000 to R25 000… from 01/11/2018 to current.
3) The cell phone contract , which Mr Du Preez iniatiated me to get under the company name
due to me being unable to obtain credit, this was done in the middle of Nov 2018, due to
high cost of prepaid cell costs, he also asked me to use my no…0746355737.. saying it will
always be my contract and no, although the company was paying for it , same as Vicki ,
owing to this fact I request that the company reinstate my cell no to me and absorb the cost
of balance of contract as part of my settlement.
4) I leave the promise of Medical aid benefits and other monetary benefits to the discretion of
the CCMA.

Kindly accept my profound gratitude for granting me the time for stating my case.

Kind Regards

Ravi H. Govender