South Africa - Pretoria - 16 September 2024. The EFF visit Babel restaurant in Menlyn following compliance complaints.Picture: Oupa Mokoena / Independent Newspapers
The joint inspection operation carried out at Menlyn’s swanky Babel Restaurant and the nearby Ocean Basket has found both eateries owed their workers over R1.3 million in unpaid wages.
The Directorate of Priority Crimes Investigation (the Hawks), Home Affairs, the Department of Labour and officials from the Bargaining Council raided the eateries on Sunday night, finding several pertinent issues regarding the non-compliance of the employers.
Both employers - Babel Restaurant and Ocean Basket, have been found to have not complied with the provisions of the National Minimum Wage Act.
The swanky Menlyn establishment’s employer failed to compensate the employees by the prescribed minimum wage rate for 2024/25 which is R27.58 per hour.
In a statement, the Ministry of Employment and Labour, Minister Nomakhosazana Meth said the Babel restaurant owed its employees an estimated R271,984 for cleaners, and R295,547 for waiters and waitresses, in underpaid wages.
Meth applauded the joint operation and said they had found that waiters were remunerated only on commission and tips at Babel Restaurant and some were remunerated with as little as R150 per shift, at a maximum of R300 per week, which is far below the National Minimum Wage.
The workers at Babel restaurant allegedly worked 12 and 15-hour shifts daily, which was in contravention of the daily and weekly rest periods provided for in the Basic Conditions of Employment Act.
The focus on Babel comes after a young former waitress blew the lid over the eateries alleged exploitative hiring practices, which saw staff pay for their own uniforms and equipment - including bottle openers, cigarette lighters, cigar lighters and cutters, and alleged there was no basic salary, only tips and a daily non-refundable breakage fee of R200.
The video went viral on TikTok at the weekend.
@molly_bave Thank you for all the support with regards to the Babel restaurant situation and i’ll try to respond to most comments in due time 🙏![CDATA[]]>🏾![CDATA[]]>🤍 thank you especially to @EFFSouthAfrica ❤️🖤 #fypシ゚ #SAMA28 #babel #mistreatment ♬ original sound - molly
At Ocean Basket, the waitresses were also remunerated on tips and commissions, with no basic salary on offer. The amount the employer allegedly owed the employees was R813,969.
“A combined total of R1,381,500.60 is owed to the employees of both restaurants,” said Ministry spokesperson Thobeka Magcai.
Magcai said Babel Restaurant was found non-compliant with section 56 of the Unemployment Insurance Act in that, the employer is not registered with the Unemployment Insurance Fund (UIF) and that it does not submit monthly declarations of salary information. The restaurant did not make payments of contribution to the UIF either.
The Ministry said Ocean Basket was registered with the UIF, but it did not submit monthly declarations of salary information to the fund. They also failed to submit the return of earnings for 2023 and owe the Compensation Fund R72,000.
The Ministry also found that Babel Restaurant is not registered with the Compensation Fund and has not submitted return of earnings since its inception and commencement of operations from June 2024.
The Ministry said at least three people were arrested during the sting operation conducted by the inspection team led by the Acting Director General Viwe Mlenzana, the Department of Home Affairs Immigration, the Bargaining Council and the Hawks.
Two undocumented foreign nationals working at Babel, including their employer, as well as one undocumented foreign national working for Mr Delivery collecting a meal at Ocean Basket, were arrested.
Meth has condemned in the strongest terms, the ill-treatment of workers, in any workplace environment, and encourages employees who may be facing unfair labour practices to report to the nearest Labour Centre in their area.
“The exploitation of vulnerable workers by employers will not be tolerated in any sector.
“Members of the public who may be facing unfair labour practices are encouraged to report such incidences to the nearest Labour Centre, as matters of this nature will receive our urgent attention. We take issues of employment and labour matters very seriously,” said Meth.
IOL has reached out to Babel restaurant on their listed contact details but received no response, with one person choosing not to comment. When asked if they would release a statement they went silent and hung up.
IOL