The CCMA has found that Mr Lackay’s has failed to prove that he was constructively dismissed but instead terminated his service for prospects of employment opportunities.
It is common cause that in March 2015, Mr Adriaan Lackay referred unfair dismissal dispute to the CCMA, alleging that SARS, in particular Commissioner, Tom Moyane made his employment intolerable, thereby constructively dismissing him.
SARS is satisfied that the CCMA has confirmed SARS long held view that Mr Lackay was aware that he had no case but proceeded with these vexatious and frivolous allegations as part of the broader campaign to cast aspersions and tarnish SARS name and that of its leadership, especially Mr Moyane.
The above view by SARS is further confirmed by the fact, although Mr Lackay never reported to the Commissioner for SARS, Mr Moyane, he however insisted in his dispute referral to the CCMA as well as in his ‘fabricated’ and concocted evidence that Mr Moyane, not his manager, made his employment tolerable. SARS has always disputed this position as legally unacceptable.
As the CCMA commissioner correctly stated, ‘… In fact, this demonstrates how the applicant (Mr Lackay) twists words to suit his own purpose. Mr Lackay made allegations of how misleading or lying to the media posed a reputational risk, however strangely enough when it suits his case…he wanted the Commissioner to lie to the media’.
SARS has observed and was deeply concerned at the demonstration of malice, disingenuousness and misrepresentation of facts by Mr Lackay’s allegations which were intended to blemish the integrity of the SARS Commissioner, Mr Moyane, at the CCMA.
SARS further agrees with the CCMA Commissioner that the fears Mr Lackay created through evidence were ‘fabricated and cannot be accepted’. What is even more concerning is that Mr Lackay’s evidence, which the CCMA Commissioner found to have no substance, truth and a fabrication, were made under oath.
SARS continues to maintain its position and wishes to reassure the people of South African that the institution is focused and single minded in achieving its crucial mandate of collecting all revenue due whilst protecting all ports of entry.
Notwithstanding very difficult economic conditions both globally and locally as well as a tough revenue target, the 14000 SARS employees will continue to work even harder in ensuring that all revenue due to the state is collected.