The Labour Court has ordered Sibongiseni Thotsejane, the former chief information officer of the Victoria & Alfred Waterfront (V&A), to pay over R2.8 million in damages. The court found that Thotsejane had fraudulently misrepresented her employment history to secure her position as CIO. Judge Robert Lagrange stated that Thotsejane's conduct had caused the V&A Waterfront substantial financial losses.
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 court found that she had claimed to have left Engen due to political challenges and a merger, but evidence showed she had been dismissed for gross misconduct. She also misrepresented her employment history with Old Mutual and Acceleration eMarketing.
The court found that Thotsejane's misrepresentations were material to the V&A Waterfront's decision to employ her. She had also failed to disclose that she remained employed by the Cape Peninsula University of Technology (CPUT). The court further found that she had used a false claim about a better offer from CPUT to persuade the company to increase her proposed remuneration from R700,000 to R850,000 a year.
The judgment also details evidence 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 found that she had pursued private business opportunities during working hours and periods when she was recorded as being on leave or sick leave.
The court also found that Thotsejane had promoted the appointment of two IT consultants, Professor Tiko Iyamu and Nokubela Mchunu, through the V&A Waterfront's outsourced IT provider, EOH MC Solutions, without disclosing her connections to them. The V&A Waterfront ultimately paid R1.402 million for Iyamu's services and R464,000 for Mchunu's services, excluding VAT.
The court held that the company had suffered financial damages as a result of the fraudulently induced engagements. 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 ordered her to pay over R1 million in damages relating to the fraudulent representations that led to her employment, as well as another R1 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. The court granted her several opportunities to participate and present arguments, but she did not attend the final hearing or file heads of argument. 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.
Key points
- The Labour Court ordered Sibongiseni Thotsejane to pay 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.
