Vindicated Prasa CEO demands R14.8m back pay for unlawful dismissal

Vindicated Passenger Rail Agency of South Africa (Prasa) group CEO Zolani Matthews is ready to return to work but is demanding more than R14m in remuneration and benefits for the period that he was unlawfully dismissed.

Matthews' lawyers welcomed Monday's labour court judgment, which dismissed an application by Prasa to review an arbitration ruling that reinstated Matthews in 2022. 

In a letter seen by TimesLIVE addressed to Prasa chair Nosiviwe Nokwe-Macamo on Monday, Matthews said he was willing to return to work on Tuesday.

“I am owed 31 months’ salary in the amount of R14.983,333. I hereby request that this be paid into my attorney’s trust account by no later than 17h00 on Thursday, 4 July 2024, failing which I shall launch an application for contempt of court.”

He further requested a reconciliation of other entitlements and benefits owed to him. These include accrued annual leave, salary increases applicable to the position and a cellphone allowance.

“That payment of these amounts is made by 17h00 on 12 July 2024, subject to my agreement with amounts included in the reconciliation.”

Matthews indicated that since the costs order in the labour court decision was in his favour, his attorneys will engage directly with Prasa’s attorneys once the costs have been taxed.

“I look forward to your urgent response regarding my recommencement of employment in the position of GCEO,” he said.

DMH Attorneys said Matthews was not entitled to 31 months' salary, regardless of the court judgment, as he was dismissed again on April 22 2022 after the arbitration award. The firm said Matthews acknowledged this dismissal under oath in an affidavit on April 29 2022 in the labour court. 

“Your client's tender for services is, therefore, baseless and hereby rejected by our client. Your client will be informed of our client's decision regarding the labour court judgment of [July 1 2024] in due course,” DMH Attorneys said. 

Matthews was dismissed by the rail agency in November 2021 for holding dual citizenship, which Prasa at the time said was a material breach that he failed to disclose.

He is the son of late struggle stalwart Joe Matthews, who lived in exile in England when the dual citizenship was obtained.

Months after his ousting, the arbitrator, retired judge Robert Nugent, ruled that Matthews should be reinstated with back pay.

However, Prasa applied for a review of Nugent’s ruling, which the labour court set aside on Monday, stating that the contract remained in existence.

Prasa's board of control said on Tuesday it noted the labour court judgment and was reviewing it in consultation with its legal department. “We will communicate any further actions in due course.”

TimesLIVE