South African Human Rights Commission

******* cape Town ccma

I am raising a serious concern regarding the conduct of the CCMA Cape Town office and Commissioner Joshua August. During my case (WECT4081-25), Commissioner August pressured me to withdraw my matter and warned that pursuing it could harm my future employment prospects. I found this highly inappropriate and intimidating, especially as it came from someone expected to act impartially. He also made several misrepresentations in his ruling — including stating that I was not copied on management correspondence, despite clear evidence to the contrary. Furthermore, he disregarded the legal principle of vicarious liability, effectively absolving the employer of accountability for the actions of its managers. The commissioner’s reasoning reflected bias and a disregard for key facts presented under oath. I believe this constitutes a reviewable irregularity. While awaiting the outcome of the ongoing investigation, I have recently learned with great shock that my case of unfair labour practice was closed by the Cape Town CCMA, citing it as being outside their jurisdiction. This development feels like a continuation of the abuse I have been subjected to while remaining silent. I was informed of this closure by Aziza Taliep, CTN – Convening Senior Commissioner Assistant (Telephone: +***9). I am assuming that due diligence was exercised before this communication was sent to me. If this matter requires the involvement of political bodies, the Public Protector, or civil society organisations, I am prepared to take it to that extent. The credibility of this institution is being undermined by individuals who take the livelihoods of marginalised people for granted, and this cannot go unaddressed. My experience has left me deeply disappointed in the CCMA’s handling of the matter. As an ordinary employee seeking fairness, I expected protection — not further ************ or procedural unfairness. I am therefore requesting a formal review of Commissioner August’s conduct and a transparent investigation into how such conflicts of interest are managed within the CCMA.