The Labour Court has ordered Sibongiseni Thotsejane, the former chief information officer of Victoria & Alfred Waterfront (V&A), to pay more than R2.8 million in damages. Judge Robert Lagrange found that Thotsejane had fraudulently misrepresented her employment history to secure the position. The court ordered her to pay over R1 million in damages relating to the fraudulent representations that led to her employment.
Thotsejane was employed as the V&A Waterfront's CIO in October 2015. During the recruitment process, she made several false representations about her previous employment. The judgment records that she claimed she had left Engen due to political challenges and a merger, but evidence showed she had been dismissed for gross misconduct. She also claimed to have been headhunted by Old Mutual, although she had been dismissed following disciplinary proceedings.
The court found that Thotsejane's misrepresentations were material to the V&A Waterfront's decision to employ her. It further found that she had used a false claim about a better offer from the Cape Peninsula University of Technology (CPUT) to persuade the company to increase her proposed remuneration from R700,000 to R850,000 a year. Judge Lagrange concluded that, had the V&A Waterfront known the truth about Thotsejane's employment history, it would not have employed her.
The court also found that Thotsejane conducted extensive private business activities while employed by the V&A Waterfront. A forensic examination of her company laptop revealed activities linked to her private business, FlavaLite Innovations, as well as academic and other projects. The court was told that she had pursued private business opportunities during working hours and periods when she was recorded as being on leave or sick leave.
The judgment also details the engagement of two IT consultants, Professor Tiko Iyamu and Nokubela Mchunu, who had business connections with Thotsejane and her private company. The court found that she promoted their appointment through the V&A Waterfront's outsourced IT provider, EOH MC Solutions, without disclosing those connections to her employer. The V&A Waterfront ultimately paid R1.402 million for Iyamu's services and R464,000 for Mchunu's services.
The court criticised Thotsejane's conduct during the proceedings, citing extensive procedural delays and her failure to participate consistently in the trial. Judge Lagrange said the circumstances warranted a punitive costs order, citing the seriousness of the underlying conduct as well as Thotsejane's conduct during the litigation. The court ordered her to pay interest on the amounts and the V&A Waterfront's legal costs on an attorney-and-client scale.
The Labour Court held that the company was entitled to cancel the employment contract and recover damages equivalent to the remuneration Thotsejane had received, as it had obtained no value from the services rendered. The court found that Thotsejane's actions had caused the V&A Waterfront substantial financial losses.
Key points
- The Labour Court ordered Sibongiseni Thotsejane to repay over R2.8 million in damages for misrepresenting her employment history.
- Thotsejane's misrepresentations were material to the V&A Waterfront's decision to employ her.
- The court found that Thotsejane had conducted extensive private business activities while employed by the V&A Waterfront.
