A former employee of the Cape Peninsula University of Technology (CPUT) has been ordered to pay nearly R2.9m to the V&A Waterfront after a labour court in Cape Town found that she had failed to provide a truthful account of her previous employment. Sibongiseni Thotsejane was employed by the V&A Waterfront as chief information officer in October 2015, while still working at CPUT, where she had been a co-ordinator since August 2014.
Thotsejane's employment history was marked by discrepancies, including a high court judgment against her in favour of Engen, dated July 29, 2014, related to vehicle finance amounting to R503,786. She told the V&A Waterfront that the debt had been incurred in her name by her former husband and that she was working with her attorney to resolve the matter. However, an investigation found that she had misrepresented her departure from Engen, claiming that she had left because of "political challenges" and an ongoing merger.
The court heard that Thotsejane's absenteeism at CPUT had become severe, with former acting dean of the CPUT's business and management faculty, W Lotter, testifying that he had instructed her to report to him daily in the dean's office so her attendance could be monitored. However, Thotsejane failed to comply with the instruction. Her employment at the V&A Waterfront was also characterised by late arrivals, missed meetings, high absenteeism, and the submission of numerous medical certificates.
Thotsejane's shenanigans were discovered in her V&A-issued laptop, which contained evidence of her CPUT work and consulting duties for her private company, FlavaLite Innovations. She also used the laptop to compile mixtapes for her DJ business, among other things. When the V&A Waterfront confronted her about her CPUT job, Thotsejane produced a backdated resignation letter, which Lotter confirmed to be fake.
The V&A Waterfront had approached the labour court seeking damages, including R1.03m in salary paid to Thotsejane and costs linked to her conduct. The court heard that she had appointed IT consultants ProfTiko Iyamu and Nokubela Mchunu through EOH MC Solutions, allegedly breaching her duties to act in good faith, avoid conflicts of interest, and follow procurement policies.
Judge Robert Gerald found that Thotsejane had misrepresented her employment history, including her departure from Old Mutual, where she had been dismissed after a disciplinary inquiry into multiple misconduct allegations. The V&A Waterfront paid EOH R1.4m for Iyamu's services and R464,000 for Mchunu's remuneration. Gerald ordered Thotsejane to pay the V&A Waterfront damages in the amount of R1,031,237.46 and R1,866,005.00 for the damages suffered by it.
The labour court's decision highlights the importance of honesty in employment applications and the consequences of misrepresenting one's employment history. Thotsejane's case demonstrates that employers will take action to recover damages when employees breach their duties of good faith and honesty. The V&A Waterfront's investigation and subsequent court action demonstrate its commitment to upholding the integrity of its hiring processes.
Key points
- The court ordered Thotsejane to pay nearly R2.9m to the V&A Waterfront for her fraudulent misrepresentations.
- Thotsejane had secretly juggled two jobs, drawing two salaries while moonlighting as chief information officer at the V&A Waterfront.
- The V&A Waterfront had paid EOH R1.4m for Iyamu's services and R464,000 for Mchunu's remuneration, which were allegedly procured through Thotsejane's breach of her duties.
