Humiliated, harassed, intimidated, victimised, threatened and unprofessionally treated extremely inconvenienced, breach of contract…

<p>On 12/1/16 I received an SMS notice from the Western Cape Sport School head master, Mr Anthony, to vacate my hostel room in less than 24h. A meeting was arranged with the head master in response to the SMS on the 13th of Jan. In this meeting he said that I don’t fit their profile anymore and that I must vacate immediately. I wanted my union in on the meeting and he point blankly refused to let any union rep enter his office. I was given a week to make up my mind with regards to the notice to vacate. I was informed that if I were to refuse to move the school will legally evict me and that I will be liable for costs. Received an email from Liesl Braaf, SGB Secretary, on the 13th of Jan, to confirm that the SGB gave instructions the principal to conclude my matter. On the 17/1/16 I send an email send to WCED Labour dept., lodged a dispute was referred to Dr Punt form MEED. On 24/2/16 I was verbally informed by hostel kitchen manager that I may not eat there anymore. There was no direct notice to inform me about this. On 8/3/16 a grievance meeting took place between Dr Punt, Ockie van Niekerk (Naptosa), the principal, the deputy of WCSS and me. After a discussion I was reappointed till 31/12/16 based on ELRC ruling and Basic Conditions of Employment Act. A written contract was promised to conclude the matter. Mr Ketelo (SGB chairman) was not happy with this decision he threatened me with hiring security to forcefully remove me. According to him others had gone and I’m eating for free, water, lights and accommodation for free. On 18/3/16 my hostel room door locked with a security gate and two securities guarding it. There was no direct notice to warn me of this. I had no access to anything in my room. There was a note on the door that said the SGB locked my room and I must contact Mr Ketelo. I phoned the principal. He said he will contact Dr Punt. He ordered Andrew Lawrence (the care taker) to remove gate. Andrew arrested early morning of the 19th of March for destruction of property. I went to the police – they cannot do anything because no crime was committed. I was advised to go the court on Tuesday morning. It was the start of the school holiday and my three children come to me then and every weekend. The four of us had no place to sleep… so we went to sleep at my brother’s place. On 22/3/16 I went to the court but they couldn’t help me. I went to Dr Punt at MEED to ask for advice/help. He took me to Mr Magodla and he phoned Mr Ketelo. Mr Ketelo still refused to open the room. I’m only allowed to come to my room if I’m prepared to take everything. He told Mr Magodla that I must go down to the police station and he will wait for me there. I had to walk to the police station to meet Mr Ketelo there in order for me to make a statement of my intention to remove my things and not to sleep there. Mr Ketelo was not there and the police couldn’t take statement because no crime was committed. I went back to Dr Punt and Mr Magodla. I told them that I was wearing the same clothing since the 18th of March. They arranged with Mr Ketelo that I could come that evening to collect my clothing. As arranged I went to my room to collect my clothes. When I got there I told him to open my door. He asked if it was a demand and I said yes! He said: “Well if it’s a demand then I’m not going to open.” He said this in front of his 3 security guards. Because I was wearing the same clothing since the 18th of March and desperate for fresh clean clothing I had to back down and asked very nicely to open the door. I couldn’t enter the room because the door handle was broken (when the security door was installed). He said that the person that installed the door broke the handle… and Andrew was arrested for destruction of property when he tried to remove the security gate on instruction from the principal? I phoned around for legal advice and I learned about a spoliation order. But I didn’t have R10 000 and on the 23rd March 2016 I went to Legalwize. (There is a waiting period of three months and they could only give advice.) They gave me a letter wherein I demand that my room must be opened. I emailed Mr Ketelo to inform him about the letter that I must hand deliver and his response: We have no business with your lawyer sorry,Just come and take your staff/belongings as we agreed. I arranged with Colleen and on the 24th of March 2016, for the 2nd time, I went to the hostel to collect some of my things… couldn’t enter the room because the door handle was still broken and the security gate. I went to my door (3rd time) on the morning of the 04th of April 16 - couldn’t enter the room because the door handle was still broken and the security gate. A meeting was arranged to address the ******* lockout chaired by Mr Magodla; invited Dr Punt, Mr Anthony, Mr Ketelo and me. Mr Ketelo didn’t arrive and the meeting was postponed until further notice. I was informed a week ago that this meeting will never happen anymore. Mr Magodla phoned Mr Ketelo and he still insisted that I must collect my belongings and permanently vacate the premises. Dr Punt emailed Mr Ketelo that he must open my room. Mr Ketelo responded by saying that the SGB will resist bullying tactics. I was again threatened that he will forcibly remove me off the premises. I received an email from the principal that he will open my door. I arranged for 19:00… he didn’t arrive. On 4/4/16 Mr Ketelo said that the SGB shall not shy away from doing the necessary steps to forcefully remove me. Although I was reinstated my hostel allowances for April and May were not paid. On 4/4/16 Henk Punt mailed James Ketelo that I must be allowed in my room with immediate effect. On 6/4/16 the principal asked when I will be available because he will open the door. On the same day I responded with 19:00. I went there and again no one and the door handle was still broken and the security gate still there. On 8/4/16 I mailed James Ketelo that he fix my door so that I can come back to enjoy my room and its belongings. He responded that the SGB does not have a contract with me. The SGB only request that move out of school hostel. On the 09th of April 2016 I arranged with Colleen to collect clothing. Couldn’t enter because door handle was still broken and the security gate was still there. On 11/4/16 James Ketelo said he will drop the keys by Colleen. I was there at the door at 14:00 and the door is still broken. This is now the fourth week that I am without my belongings. This whole situation is extremely unfair! I had to put my brother's clothes on yesterday to go to church. My sister took my children to the shop to buy church clothes and church shoes for them because everything is locked up! I must refund her for this! No hostel allowance paid on the 15th of April and no direct notice of this. On 18/4/16 a letter send to the office of Debbie Schäfer, Minister of Education regarding unfair labour practice and ******* lock out. I was referred to Chief Director – of Districts, Mr Clifton Frolick, for investigation and for direct response. On 25/4/16 I asked him for some feedback. On 29/4/16 he responded with “What are you talking about Sir?” On 4/5/16 he said my enquiries / queries should be directed at my district director, Mr Schereka. I must please refrain from sending messages directly to him. On 4/5/16 Mr Schereka said he was unaware that this matter has not been resolved. He will ask that one of his officials get the help of SAPS to open up the room for me to get access to my belongings. On 5/5/16 I mailed Mr Frolick and I said that I'm very unhappy with his response. Of course I must contact him directly. Mr Frolick responded that he will not engage with me any further unless I give him my cooperation. In case I did not know – the structures of the WCED provides for a District Director to take charge of matters in the district. If needed, he will escalate matters to my office in case they need any assistance. Your cooperation in this regard is appreciated. On 5/5/16, 6/5/16 and 9/5/16 I mailed Mr Anthony and said that I was at the police office to find out if I can open a civil claim against the WCSS management for locking me out and for compensation. They said that I cannot do anything because my room is connected to the arrest of Andrew Lawrence. There is a case number but no detective has been appointed to investigate the matter. No crime was committed but Andrew was still arrested. An officer checked the book at the jail and no entry was written down. He then checked their computer and nothing there also. Do you have any news regarding this unfortunate incident? Can I please have the case number? On 10/5/16 Mr Anthony asked when I will be available because he will open the door. I responded 19:00 that evening. I was there at the door at 19:00 and the door is still broken and no sight of the principal. On 11/5/16 Mr Anthony apologized that he received my on 11/5. I arranged for 18:00 that evening. I was at the door tonight just after 18:00 and there was no one to fix and open the door. It's still in the exact same state like 18 March 2016. On 12/5 Mr Schereka said this is a matter to be settled between the principal and me and nobody else. My response May 12 stating that I beg to differ. Since 17/1/16 (when everything started) I have been humiliated, threatened, a victim of unilateral decisions, extremely inconvenienced, unprofessional treated and there's the breach of contract by the management of the WCSS (principal and SGB). Advice I received so far ranged from going the police to open a civil case (which I can't because I have asked twice and the principal is ignoring the request for the case number), go to the newspapers and approach the office of the Premier. When I mentioned negotiating for a settlement I was advised to wait and hear what the SG is going to say. The principal couldn't solve the issue. If he could this would never have gone so far. The officials at MEED couldn't solve the issue and I was forced to make contact with people higher up. I was referred to Mr Frolick but he is going to help when you to escalate this issue to his office. I have been very patient for the past two months. It's running out and it's for that reason that I made contact with the office of the Premier. Hopefully they will be able to help. It is important for me that when I communicate with the principal and Mr Ketelo that I CC all the offices and people. It is important that they know what is going on. I will continue to do so until this matter has been solved. No hostel allowance paid on the 15th of May. No direct notice of this. On 17/5 I received a notice of Eviction from the Attorneys of the WCSS- School Governing Body. It’s dated 13/3/16 and that The SGB owns of WCSS hostel. I must vacate the building by 13/5/16. Naptosa responded on 17/5: “1.The SGB is not the owners of WCSS. It is the property of the Western Cape Department of Education. 2.The SGB is not mandated to act on their own. The principal is the manager of the school and will act in his authority to manage the school and hostel. 3. There was an ELRC ruling that Mr van Wyk can stay in his room till the end of the December 2016 which cannot be overruled by a third party. 4. The SGB did not pay the allowance to Mr van Wyk, but WCED. 5.A grievance meeting was held between Mr van Wyk, the principal and deputy principal. It was decided that the ruling of the ELRC is valid till the end of December 2016. 6. The date of the Eviction Notice is actually 13 March 2016, more than two months ago, and Mr van Wyk received it today. 7.Point two on your notice is actually incorrect. (Seven (3) months). Mr van Wyk resides in the hostel for the last couple of years. 8. This is a matter between the WCED and WCSS and not the SGB of WCSS. NAPTOSA hereby will not hesitate to follow the Dispute Resolution Process again as described in the South African School’s Act and Employment of Educators Act.” On 19/5 to Mr Schereka that he door is still not open. On 19/5 to James “I hope that you are nicely dressed and warm and dry... because I am not! I was soaking wet when I got to school this morning. I must now stay in wet clothes and shoes for the rest of the day. Please see my message of 5 May 2016.” On 25/5 a mail from Jerry Kapel SGB SECRETARY “By direction of the chairman of the SGB, Mr James Ketelo, I hereby wish to request you to fetch your belongings from the room in E-Block. You are aware of the renovations of the hostels by the department of Public Works, which requires all rooms to be cleared of everything. That hostel(E-Block) must be handed over to the department on Friday, 27 May 2016 and the workers are busy clearing it out now. Please note that the SGB will not be held liable for any breakages or loss if we have to move your belongings.” My response to on 25/5 and 26/5 to James Ketelo and Curt Anthony “May I state this crystal clear: We have had a scheduled grievance meeting on 08/03/16 and the decision was taken that I will stay in the hostel till the end of December 2016. I received an eviction notice stating that you are the rightful owner of WCSS. I thought it was the property of WCED. Maybe you could provide us with the documents to prove ownership. The SGB does not take any decisions pertaining to management. Their only duty is governance. The day to day running of the school is up to the principal. This is directed at the management of the WCSS: Based on the decision that was taken I insist on the management of the WCSS to provide suitable accommodation while the dispute is still hanging.” On 27/5 to Naptosa, Premier’s office , Minister’s office, Mr Schreka, Mr Frolick “Possible to get some guidance on what I must do please? The management of the WCSS has ignored the request for suitable accommodation. The handing over off the block is apparently today. I cannot compel the management of the WCSS (they have proven this) to listen to anything I say. Would someone higher than those in charge of the school be able to find a solution to this urgent matter please? There is a legal agreement/employment contract between the WCSS school management and me. What they must do is to provide suitable accommodation where I can move my stuff to. There is still a dispute hanging which gives me the right to have a room on the hostel.” On 30/5 to to Naptosa, Premier’s office, Minister’s office, Mr Schreka, Mr Frolick, Kurt Anthony, James Ketelo “I approach you now because I cannot see the end of this tunnel. I'm a victim of an unfair labour practice by the management of the WCSS. Because they couldn’t sort out their differences our working relationship has suffered extreme strain and is at this stage where it cannot be repaired any more. The activity of the management of the WCSS unreasonably interfered with my rights. Their conduct is oppressive and a total disregard for my fundamental human rights. My rights have been violated on a number of levels. I was humiliated, harassed, intimidated, victimized, threatened and unprofessionally treated extremely inconvenienced, breach of contract! I cannot compel the management of the WCSS or some WCED officials to listen to anything I say. Would someone higher than those in charge of the school and the WCED be able to find a solution to this urgent matter please?” On 30/5 from Myrtle Jonathan “ I hereby acknowledge receipt of your correspondence addressed to Premier Helen Zille, the content which has been noted. We were informed that Mr Schereka is dealing with this query. Please continue to liaise with the said official in this regard. I responded with an email to highlight the role that Mr Schereka played and also said that my employer (WCED) done very little to support me in this matter? As an employee of WCED I should be protected against abuse.This is the reason why I want someone in a higher position to help because I’m not happy with the WCED officials.” On 30/5 to Mr Schereka and Naptosa “Dear Mr Schereka. Please find the response from the Premier's office.I must be honest that I'm not happy with the help from MEED. There were many empty promises and advice of a civil claim against Mr Ketelo. The management of the WCSS is still the problem and they are simply ignoring my requests. Like I said in previous communication: I cannot see the end of this tunnel. I'm a victim of an unfair labour practice by the management of the WCSS. Because they couldn’t sort out their differences our working relationship has suffered strain and is at this stage where it cannot be repaired any more. The activity of the management of the WCSS unreasonably interfered with my rights. Their conduct is oppressive and a total disregard for my fundamental human rights. My rights have been violated on a number of levels. I was humiliated, harassed, intimidated, victimized, threatened and unprofessionally treated extremely inconvenienced, breach of contract! I hope this can be finalized soon.” On 1/6 from Mr Schereka “Please note that this a contractual matter between yourself and the SGB of the WCSS. We have tried to assist as far as we could, but with limited success. Ultimately, you have to resolve the matter with the WCSS.” On 3/6 to Mr Schereka. “Please find messages sent to Mr Anthony and Mr Ketelo. The first one was send more than a week ago and no response. I'm going to repeat myself: I cannot compel the management of the WCSS to listen to anything I say. The two gentlemen have proven it that they are not prepared to listen. I'm a victim of an unfair labour practice by the management of the WCSS. Because they couldn’t sort out their differences our working relationship has suffered extreme strain and is at this stage where it cannot be repaired any more. The activity of the management of the WCSS unreasonably interfered with my rights. Their conduct is oppressive and a total disregard for my fundamental human rights. My rights have been violated on a number of levels. I was humiliated, harassed, intimidated, victimized, threatened and unprofessionally treated extremely inconvenienced, breach of contract! How are they going to solve this when are the ones who is responsible for this whole mess!” Today is 09/06/16 and still no response from the principal, the SGB or Mr Schereka.</p>