Wits theatre staff “cheated” out of overtime pay

by Thabile Manala | Aug 22, 2014 | News

EMPTY POCKETS: Disgruntled staff at the Wits Theatre are clashing with new management, about over-time pay. Photo: Lameez Omarjee

Wits theatre staff are complaining about changes in the way they are paid overtime saying “new management” limits their claims.

“Our contract says five days a week, but now we work up to seven days sometimes,” said *Sipho, who works at the theatre.

*Sipho said the work hours set in their contracts have been spread out across the week, and not five days.  Even though workers come in on the weekends, they do not get paid for overtime because they are still working off the week’s required work hours.

Sipho was told by management they did not qualify for “overtime” pay because the “minister” does not allow it.  Sipho also said that “all” the staff were unhappy with conditions.

“They [are] limiting worker hours,” said Olivia Moeti, whose mother works at the Wits Theatre.  Workers finish at 3pm on weekdays but come in on Saturday to work the other hours required by their contract, she said.

The theatre employs five cleaners, two of whom are directly employed by Wits.

According to theatre manager Gita Pather, university policy states that anyone who earns under the threshold of R198 000 each year is entitled to overtime and has to work at least 42.5 hours a week. They also cannot work more than 10 hours overtime, because it is against labour law.

“The rules of the industry have been negotiated and are in line with university policy and labour laws,” she said. When she took over as manager, overtime rules were not strictly enforced.

“They were getting paid overtime and taking toil,” she said. “Those who didn’t qualify for overtime were being given it anyway … People had gotten used to being paid huge amounts of overtime.”

But this year, she was given a budget and has to use that amount allocated to overtime across the whole year.

Problems started when new management took over this year, said Moeti.   “My mum has been working here for 31 years, this is the first time it’s happening.”  The new management insists that these new rules come from Wits University, she said.

“According to management, they say, Wits says it’s [work on Saturdays] is not overtime … they say Wits says they must get a day off instead of paying them,” she said.

However, Pather did not know about this and said the only thing that has changed is the number of hours they are allowed to work. Unless it is festival time, employees do not work on a Sunday and they work off a call sheet.

Wits Services, who manage the cleaning staff, are not aware of any overtime issues. According to director Nicki McGee: “We undertake when appointing service providers via the approved, transparent tender processes, and in consultation with numerous stakeholders at the university.

“The service providers adhere to the Basic Conditions of Employment Act … to ensure that such practices do not occur.”

Additionally, there aren’t different rates for night shift, from 4pm to 8.30pm.  No provision for transport is made for staff ending their shifts at night.   “It’s not fair to let a woman walk to Bree in the middle of the night,” said Moeti.

Pather said security provides transport to all Wits employees who work late at night. “They take them to the taxi rank.”

Moeti said management was trying to save on expenses throughout the year so that they could get “more money in December”.  She said: “They’re trying to save, they’re saving on other people’s expense.”

She also said more people had problems but they were too scared to come forward, out of fear of losing their jobs.

“There is an issue,” Pather said. “But I have a set amount of money.” She said the theatre is “completely compliant”. She said she is aware of the unhappiness, but has a budget and has to manage that.

“I am completely satisfied that we are working within the rules set by the university and labour laws.”