Durban - Tongaat Hulett, the troubled sugar-cane farming giant which is already tainted by fraud allegations and under business rescue, is facing fresh allegations of wrongdoing.
The company is now accused of not properly reporting workplace injuries and allegedly cheating the Compensation Fund.
In an internal report which has also been handed to the police, the Special Investigating Unit and the Health Ombudsman, the company has allegedly been doing this for quite some time and when an internal medical practitioner raised this, she was fired.
“This matter is being reported as a matter of public interest since it affects the state funds being the Compensation Fund and putting the health and safety of employees by failing to protect them from work related risks, while withdrawing necessary medical treatment and intervention, which is their basic human right. Historically black people were excluded from the provisions of the Occupational legislation and never had the right to access to the Compensation Fund.
“This was only corrected in the post-apartheid era, when the legislation was amended to include all people as stipulated in the Compensation of Occupational Diseases Act 130 of 1993 (COIDA -Amended).
“The aim of this report is to report deliberate misrepresentation and non-reporting of Health & Safety Data, (that is) Occupational Diseases arising as a result of work at Tongaat Hulett Group.
“The result is higher bonuses than the supposed to be paid by Tongaat Hulett Group to the employees involved, lesser Compensation Fund premium paid to the Compensation Fund and employees deprived of their access to healthcare as the fund covers medical expenses, pays a disability lump sum and a death benefit in the case of injury or/and occupational disease which are all defrauded as a result of this act,” reads part of the report.
It added that while some workers were not fit to work in certain departments, they were forced to carry on and derogatory names were used to label them.
“An employee had been nicknamed ‘donkey’ by Dr DS Mudly (who was registered as a Family Physician with the HPCSA appointed as an Occupational Medical Practitioner for over 40 years at Tongaat Hulett Group) because the employee would fall asleep while on the clinic ques (sic).
“His colleagues also mentioned that he would fall off to sleep anywhere, anytime and sometimes while he was standing.
“The employee was deemed fit to drive a company truck at the Warehouse Department. He had one injury on duty minor accident and did not recall how it had happened.”
In another case of alleged workplace safety negligence, an employee had a miscarriage on site.
“She had been attended at the local hospital and reported for duty with a doctor's certificate stating the accommodation recommendation on a medical certificate...
“That incident occurred around April 2021 and Dr Mudly was aware of the incident, which happened before my onboarding in June 2021,” it was claimed.
In a response to the allegations sent via a PR company, Tongaat said it was compliant and it has not been approached by the police.
“Tongaat Hulett has formal Health and Safety Management Systems in place which require stringent health and safety and employee engagement procedures to be followed.
“As part of company policy, our employees are part of either a company-funded medical aid or assisted at one of the four clinics located at our operations.
“In line with the above, workplace injuries and illnesses are investigated, and recommendations and remedial measures implemented where required.
“These are also reported to relevant authorities in line with applicable legislation.
“In addition, the Group’s Health and Safety Management System is independently evaluated and/or audited by an independent auditor.
“As is guided by legislation, Tongaat Hulett engages with the Department of Employment and Labour on reportable workplace injuries and illnesses.
“We are not aware of any investigation by the Department and have also not been approached by the SAPS in relation to a case.
“We would gladly cooperate with any investigation,” the company said in a response attributed to no one.
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