Date: 05 February 2026
Time: 12:00 – 13:15
Case Number: WECT 637-26
Venue: CCMA Cape Town
Attendees
- Mr. Clifford Legodi – Neftaly
- Ms. Dorah Radebe – Complainant
- Mr. Herbert Shungube – Observer
- Two CCMA Representatives
Meeting Proceedings
The meeting commenced with introductions and an outline of the purpose of the session by the appointed CCMA Arbitrator. The Arbitrator confirmed that the matter was heard in terms of Section 73A of the Basic Conditions of Employment Act, relating to claims for failure to pay amounts owing.
Ms. Dorah Radebe was invited to present her case. She stated that in December 2025, she received a Microsoft Teams message from Mr. Malatjie indicating that the company no longer had funds available and suggesting that she step down from her position, as continued payment would not be possible.
Ms. Radebe explained that she responded by requesting payment of outstanding salaries and a formal letter of termination to enable her to claim UIF benefits. Despite numerous follow-up messages, she received no response and was eventually instructed to stop contacting Mr. Malatjie.
She further stated that Neftaly owed her:
- One month’s salary from 2023
- Salaries for November and December 2025
- Half of October 2025
The total amount claimed was R33,282.75. Ms. Radebe indicated that her request was for payment of the outstanding amount and the issuance of a termination letter, as it had been communicated that the company would not be able to remunerate her going forward.
The Arbitrator noted that Neftaly’s failure to pay amounts dating back to 2023 was unfair and queried why retrenchment procedures had not been followed to allow the employee to claim UIF and avoid accumulated debt.
Mr. Clifford Legodi, representing Neftaly, confirmed his understanding of Ms. Radebe’s position. He acknowledged her concerns but stated that, to his knowledge, Ms. Radebe remained employed and had been requested to report to the Gauteng office, which she was unable to do due to financial constraints. Mr. Legodi further explained that Neftaly relies on donor funding and that payment delays are communicated when they arise.
Mr. Legodi requested guidance from the Arbitrator on a possible way forward.
Discussion on Resolution
Ms. Radebe sought confirmation on whether the private message she received constituted formal termination. The Arbitrator confirmed that it did. Ms. Radebe stated that she wished to proceed with termination and requested payment of the outstanding amount within three months.
Mr. Legodi indicated that Neftaly was not in a position to settle the amount within three months. The Arbitrator highlighted that interest could be applicable on the outstanding amount.
Mr. Legodi stated that while Neftaly was willing to settle the outstanding salary, payment would depend on income received and could not be guaranteed within the proposed timeframe. The Arbitrator proposed a maximum repayment period of five months, noting that the debt was longstanding and that Ms. Radebe had been instructed to stop working. The Arbitrator also stated that Neftaly was required to issue a UI-19 form to enable UIF claims.
The Arbitrator cautioned that failure to comply could result in enforcement action by the Sheriff, including asset attachment.
Monthly repayment proposals were discussed:
- Ms. Radebe proposed R8,000 per month
- Neftaly indicated this was unaffordable
- The Arbitrator proposed R6,700 per month, excluding interest
Mr. Legodi advised that the proposal would need to be confirmed with Neftaly leadership, as he could not provide final approval at the meeting.
Outcome
Both parties signed the settlement agreement, subject to internal confirmation by Neftaly. The key outcomes were:
- Agreement in principle to repay R6,700 per month, without interest
- Issuance of a UI-19 form to Ms. Radebe
- Acknowledgement that failure to comply could result in enforcement proceedings
The Arbitrator advised that either party could pursue the matter further, but noted that escalation would likely be unfavourable to Neftaly given the age of the debt.
I have attached the two sets of evidence presented by Ms. Radebe and the Settlement Agreement in the message.
Letter of Appointment
Teams massage from Mr. Malatjie
Signed Settlement
The meeting was adjourned at 13:15.