“I loved my job,” says man dismissed by Independent Media

On 8 February GroundUp reported how Fani received a termination of contract letter from Independent Newspapers; he has been delivering newspapers for over 20 years.

Since effectively stopping work on 12 February, he is now unemployed, sitting at home in Masiphumelele, worrying about how he will pay his children’s school fees.

“I started working as a casual newspaper distributor in Fish Hoek in 1990. I was a replacement for someone who had gone on holiday. I did the job for six months. Then the man I had replaced came back, but because they were happy with my work, I was told that I would be the replacement for any time they needed someone … After just one month, I received a call from the Argus about Muizenberg [needing deliveries] … It was late in the year, and I must have replaced about four people during that period.

“In 1991 one of the staff members unfortunately fell ill, he was an old man, so I was called to replace him … remember that I was doing this all on my bicycle. The old man tragically passed away and I was then given his job.”

“In 1992, I was officially appointed as a distributor for the Cape Times and Cape Argus. In 1992, 1993, 1994 and 1995, I did work as a casual and continued on my bicycle. In 1996, we were registered as distributors. In 1998, we were informed that the firm was being sold to a foreign person, but we continued … Late in 1998, I was told by the manager that my colleagues, because of old age had taken their packages and were not working any more. Since I was still young, I was asked if I could take on the job of delivering papers to Lakeside, St James, Muizenberg and Kalk Bay. I told the manager that I knew my job well and I could do it. I was then told to go to a driving school and get my driver’s licence. I did so and eventually also got myself a car. I have continued working and doing this job until now,” says Fani.

Fani says throughout his employment, he had noticed one thing, that even though he would work the entire year without taking any leave or sick leave, there would always be some kind of problem when the time came that he requested leave.

“The problem would come because I had to obviously put people in my place when I took leave. And I did that. But to be fair, not everyone is going to give a hundred percent like me. And that is what management failed to understand — that the people I left in charge did not have the same work ethic as me.

“I taught my replacements and showed them how everything should be done. But at the end of the day, they will not be like me. There was an incident, if I look back, in 1996, where I came back from holiday at home in the Eastern Cape. I was told that I had no job any more. But the matter was discussed by management and I was reinstated with no explanation. The only reason I was given was that my replacements had performed poorly.

“A similar thing happened in 2009, but I was not fired; I came back to work from holiday and was told that there was a problem, and I didn’t work for a few days. But it was sorted out and I went back to work,” says Fani.

Fani says it’s the same problem now. He left Cape Town on 24 December 2014 to go to his home in the Eastern Cape, but deep down something said he shouldn’t go because each time he left he ended up without a job. He even told this to some of his clients. But as the eldest in his family, he had to go and help his sister with a family matter.

He arrived home on Christmas Day. On this day and the 26th there were no distributions to be done. On 27 December, a Saturday, there were morning deliveries, but none on 28 December. On 29 and 30 December, Fani’s two replacements, one of them his son, did the distributions. On 1 January 2015, there were no deliveries.

On 3 January, Fani received a call, while still in the Eastern Cape. He was told there were problems with the distribution.

“I immediately called my son and told him about the call. I asked him what the problem was. He told me that there was no problem; they were working well.

“On the 4th, I received another call from my manager asking me what am I doing about the problem, and why I was not coming back, because the boys were doing a bad job. I phoned my son again and he maintained, while a bit angry, that things were going well. He then told me that I should ask the person who called me to call him and ask him what the problem was because he didn’t know.

“I told my manager that my son had no knowledge about what she was talking about. She then told me that there were clients who wanted to cancel their subscriptions … She wanted to know when I was coming back. I told her that I was coming back. And I didn’t waste any time. I told my wife to pack because we were coming back to Cape Town. We got here on the night of the 5th. I went back to work on the 6th.

“On the 8th, my manager came to me with a letter in hand.The letter was a notice informing me that 12 February would be my last day on the job. I asked what the reason was, and she told me that she was not sure. [It] could be the clients who cancelled their subscription.

“What I know from work was that if a client laid a serious complaint, I was told about it and given a chance to address it with the client. But this time, I was not even given that chance or option. I was just given notice,” says Fani.

Fani says he was not even given a chance to address the matter or discuss it with management as he usually did when there was a problem.

He served his 30 days notice and finished work on 12 February. He is now unemployed.

Independent Media issued a press release on 10 February in response to GroundUp’s report of Fani’s dismissal.

A letter dated 18 February was sent to subscribers by Independent Newspapers, signed by Group Executive Operations Warren Brewis, informing subscribers of the termination of Fani’s contract.

It stated that it was under ‘exceptional circumstances’ that Fani was let go.

‘We are compelled to take serious action. Complaints of repeated late delivery, poor service and harassment cannot be ignored. The matter regarding Mr Fani is currently with the Statutory Council of the Printing Newspaper and Packing Industry. The details are of a sensitive nature and with respect for the process and Mr Fani, we are not in a position to disclose any further information,’ read the letter.

The letter also stated that Fani had been replaced ‘with another experienced contractor Rodney Daniels.

Fani maintains that since he started working, he has never been given nor signed a contract. He says the only thing he was given was in late 2009. These were a number of forms which he did not understand and he was told to sign.

“Nothing was explained to me about what the forms were about. My manager gave me these forms, which were in English, and said I should get someone to read them over and explain them to me.

“I couldn’t find anyone … A couple of days later they asked for the forms and I signed them, not knowing what I was signing. When I look back, I think those forms bound me to something, but what that is, I don’t know.

“But I have never received a contract, and what I know is that you sign something stating the number of weeks, months or years you will work, and then over time, it might get renewed … Nothing like that was ever given to me. When I started work I was told how everything works and I was given a set of rules. That was it!” says Fani.

Fani says he never had problems with getting his salary or anything else, other than leave. He was paid on time — R2,900 a week.

He would wake up at 2:00am to make sure that he was in Muizenberg by 2:30am to pick up the newspapers. Sometimes the newspapers would arrive late. He would sit waiting.

Fani says nothing was signed when he took sick leave or normal leave.

“I know nothing about the allegations of late delivery, poor service and harassment. When I look at this whole situation, I see that I was let go for other people’s faults. The responsibility of the people I left in charge fell completely on me,” says Fani.

Fani has sought legal advice. He is being represented pro-bono by Matthew Walton, a lawyer based in Westlake. His case goes to the bargaining council, as part of the CCMA conciliation process, on Monday 2 March.

Over 50 residents of the area where he has delivered newspapers have sent a letter to Independent Media stating, ‘We, the undersigned, register our protest at the summary dismissal of Mr Bongani Fani who has established a warm and friendly relationship with many of your subscribers in the more than 20 years that he has delivered your newspapers to our homes. We request that you reinstate Mr Fani without delay.’

Asked for comment, Group Executive: Marketing and Communication Lutfia Vayej of Independent Newspapers replied by email:

‘The matter regarding Mr Fani is currently with the Statutory Council of the Printing Newspaper and Packing Industry. The details are of a sensitive nature and with respect for the process and Mr Fani, we are not in a position to disclose any further information.’

“I loved my job, I really enjoyed it. I was able to marry my wife because of that job. I was able to raise my children and send them to school with that job. It was dangerous at times because of the hours I worked, but I did not complain. If I would be reinstated, I would go back, but only because I have nothing else. Otherwise, I feel I haven’t been treated well over the years. I’m just hoping that things will get sorted out and I will be able to continue paying for my children’s school fees,” says Fani.