Man loses job over ‘criminal record’ that doesn’t exist

A legal battle has erupted between a Gauteng man and one of South Africa’s biggest alcohol-producing companies, which terminated his employment, accusing him of having a criminal record.

Diageo produces well-known brands, including premium spirits such as Johnnie Walker, Tanqueray and Smirnoff.

The dispute between Mpho Magashule, 34, and Diageo South Africa is being heard in the Commission for Conciliation, Mediation and Arbitration (CCMA).

Dispute between man and Diageo at CCMA

According to the CCMA documents, the case’s final hearing is today and the verdict will be issued after two weeks.

Magashule is accusing the company of refusing to reinstate him after he provided evidence that he did not have a criminal record.

Magashule said: “In September last year I applied to be a customer service representative, passed the interview and received a job offer.

ALSO READ: Court rules against ex-Civil Aviation Authority executive’s ‘false and malicious’ claims

“After a month, just when I was about to start, I received a letter informing me that my employment was terminated because I had a criminal record.

“I immediately went to the Sandton police station and a clearance certificate was issued vindicating me, but the company refused to take me back.

“I tried in vain to convince them to take me back, but they ended up blocking my e-mails, which angered me, then I approached the CCMA. I had rejected another offer because I was already employed by them. Now I am unemployed and I was a breadwinner at home.

‘I need them to pay my 8 months’ salary’

“I need them to pay my eight months’ salary and also pay for the damages and the stress I suffered because of their unfair dismissal,” said Magashule.

He said during the CCMA hearing, a witness from SA Police Service explained the situation.

The Citizen has seen a police clearance certificate showing that Magashule does not have a criminal record.

ALSO READ: Icasa clarifies stance on the Mix 93.8 FM ownership dispute

The letters that Magashule wrote to the company’s management trying to get his job back were shared with The Citizen.

One of the letters read: “The Saps had lately connected my ID number to a criminal case I was unaware of, which resulted in the offer being revoked.

“Sandton police station did acknowledge that the capturing error was on their side. I would like to respectfully request that the hiring manager reconsider the decision.”

‘Background assessment was unsuccessful’

In a statement to The Citizen, Diageo said: “Mr Magashule was considered and interviewed for a vacancy in the customer service section of our business. A provisional offer of employment was made to him, which was subject to a background check.

“The background assessment was unsuccessful. The basis for the unsuccessful background check outcome has been shared with the CCMA.”