An undocumented foreign national working for Mr Delivery collecting a meal at Ocean Basket, was arrested during a joint operation targeting Babel. Picture: Menlynpark
The Ocean Basket group has found itself being dragged into the drama of Menlyn’s swanky eatery Babel after an undocumented foreign national working for Mr D, who was collecting a meal order at the fish outlet, was arrested at their premises.
Ocean Basket chief executive officer Grace Harding has emphasised that all their “staff are documented and legal”, but the eateries Menlyn branch, according to the Department of Labour and Employment, owed staffers over R813,000 in unpaid wages.
Their neighbours Babel, owed over R560,000 in unpaid wages to staff, including cleaners, waiters and waitresses, said the Department of Labour and Employment.
Like the underfire Babel restaurant, the department alleged Ocean Basket did not pay waiters and waitresses a basic wage, calculated at the minimum wage of R27.58 per hour. It said waiters and waitresses at both establishments relied on tips and commissions only.
Harding told IOL they were in contact with inspectors who conduct routine audits of restaurants to ensure they are adhering to the Basic Conditions of Employment Act who has assured them that he is receiving the “full cooperation of the business owner and that this is simply a routine audit which is not yet complete.”
Harding said they were taking the matter seriously.
“As of this morning we have our head office team, accountants and internal auditor on site to inspect the payroll and speed up the completion of the department’s routine audit.
“I am personally in contact with the Department of Health and Safety. This inspector made valid comments relating to two main themes - the frequency of important checks such as gas safety valves and making sure that there is someone on duty who is a trained health and safety officer,” said Harding.
Harding said the comments made by the inspection team were valuable and they had “already gathered the gas paperwork and are working through the other findings”.
“I want to say thank you for the collaborative tone and approach that we have experienced, and the focus was on making sure people are safe,” he said.
On Sunday evening, a multi-disciplinary operation between Home Affairs, the Department of Labour, the Bargaining Council and the Hawks, descended on the Babel restaurant in Menlyn after a young woman, Mihlali Nobavu, went viral complaining about the treatment of workers.
The raid spilled over into Ocean Basket, who are now also being investigated by the Department of Employment and Labour.
In a statement released on Monday, the department said that Ocean Basket had been found non-compliant when it comes to the National Minimum Wage Act (NMWA).
“At Ocean Basket the waitresses were also remunerated on tips and commissions. The amount the employer owes the employees, R813 969,” said Thobeka Magcai, the spokesperson for the Labour Minister Nomakhosazana Meth.
According to the ministry, Ocean Basket was also found to have failed to submit the return of earnings for 2023 and owes the Compensation Fund R72,000.
Ocean Basket was also found to have not complied with the Occupational Health and Safety Act, for failing to ensure compliance with gas installations and the Certificate of Conformity in that regard, as a result the use of gas in the kitchens of both restaurants was prohibited.
IOL Lifestyle