A suspended Bidvest Services executive is in trouble for accusing the company’s chief executive Akona Matsau of securing employment for the son of another firm’s procurement manager in exchange for preferred service provider status.

Bidvest Services business development executive Puso Fisher, now faces disciplinary action by the company after making what she thought was a protected disclosure that Matsau secured employment for a supplier company’s procurement manager’s son in exchange for Bidvest being one of the company’s preferred service providers.

Fisher made the disclosure that Matsau, who is her direct superior, to the group executive director Gillian McMahon, who then asked her to make a written statement that would be sent to the group head of internal audit.

In June, she provided the written statement on the disclosure she had made and was invited to attend a meeting with the group head of internal audit but after it was considered, she was informed in September this year that it had been found to lack substance and had no merit and that Bidvest viewed the matter as having been concluded.

Fisher told the Labour Court in Braamfontein, Johannesburg that an occupational detriment followed after the disciplinary action initiated subsequent to the protected disclosure and the grievance she lodged in May against Matsau.

The court heard that Matsau told her she could not be trusted because of the grievance she had lodged and accused her of being insubordinate.

However, Bidvest Services insisted that the mediation was a result of the strained relationship between the two executives.

The company then sought a mutual separation agreement with Fisher but she did not attend a meeting set up for this and was placed on special leave pending a disciplinary hearing.

She was charged with gross dishonesty for inviting a person to the Bidvest golf day in 2023 under false pretence and disregarding the instruction relating to her refusal to be placed on special leave.

Fisher also sought the intervention of the Bidvest Group’s chief executive Mpumi Madisa, alleging that she was being subjected to constructive dismissal and victimisation for whistleblowing and for lodging a grievance against her boss.

Her disciplinary hearing was due to sit but she approached the Commission for Conciliation, Mediation and Arbitration (CCMA), where she sought a pre-dismissal hearing.

Fisher was told it was up to the disciplinary hearing chairperson to decide the issue by the CCMA and that she needed to make her request with the chairperson, meaning the disciplinary hearing would be proceeding.

She successfully approached the Labour Court on an urgent basis to interdict Bidvest Services from continuing with the internal disciplinary enquiry against her and obtained an interim interdict granted by Judge Reynaud Daniels on October 16.

Last week, Labour Court Acting Judge Sean Snyman interdicted and suspended Bidvest Services’ internal disciplinary enquiry into the charges of misconduct against Fisher, pending the decision by the CCMA arbitrator on whether the enquiry should be conducted in accordance with section 188A(11) of the Labour Relations Act (LRA).

The section makes provision for an employee alleging in good faith that the holding of an inquiry contravenes the Protected Disclosures Act as well as that the employee or the employer may require that an inquiry be conducted in terms of this section into allegations by the employer into the conduct or capacity of the employee.

Acting Judge Snyman ruled that in the event that the CCMA arbitrator decides that the disciplinary enquiry shall be conducted in accordance with the LRA under the commission’s auspices then Bidvest Services’ internal disciplinary enquiry shall be considered and regarded to be finally terminated.

But should the arbitrator decide that the disciplinary enquiry shall not be conducted in accordance with the LRA under the CCMA’s auspices, the Bidvest Services disciplinary enquiry may recommence and the interdict Acting Judge Snyman granted will automatically lapse.

Matsau, who is the daughter of former Deputy President Phumzile Mlambo-Ngcuka and ex-National Director of Public Prosecutions Bulelani Ngcuka, could not be reached for comment while Fisher, who represented herself in court, did not respond.

Bidvest also did not respond to questions sent on Wednesday.

loyiso.sidimba@inl.co.za

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