Government departments conducted a joint raid at eateries Babel and Ocean Basket in Pretoria on Sunday that resulted in the arrest of three people.
The labour and home affairs departments conducted a raid on the restaurants in response to allegations of exploitation made by a former Babel employee, whose recorded video went viral on social media.
On Monday, the Labour Department did, however, disclose in a media statement that the raid was carried out in response to a tip-off.
This saw the departments descend on the Menlyn restaurants.
The Department of Employment and Labour said that both eateries contravened the National Minimum Wage Age Act.
“At Ocean Basket, the waitresses were also remunerated on tips and commissions. The
amount the employer owes the employees is R813 969,” said Employment and Labour Minister Nomakhosazana Meth.
Thousands owed to employees
Meth further revealed that Babel Restaurant failed to comply with a section of the National Minimum Wage Act in that the employer failed to compensate the employees in accordance with the prescribed minimum wage rate for 2024, which is R27.58 per hour.
“The amount the employer owes the employees due to underpayment is estimated at R271 984.32 for cleaners and R295 547.28 for waiters and waitresses.
“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 worked 12 and 15 hour shifts daily, which is in
contravention of the daily and weekly rest period provided for in the Basic Conditions
of Employment Act,” said Meth.
According to Home Affair’s provincial manager, Albert Matsaung, one employer was detained for hiring unauthorised immigrants.
“Three individuals faced charges. Two workers were charged for not having the proper paperwork to work in the establishment, and the owner was charged for hiring immigrants without the proper paperwork.”
“[They] are all prosecuted under the Immigration Act and its rules,” said Matsaung, adding that the accused will appear in court in 48 hours.
A matter of principle
Mihlali Nobavu, the young woman who documented her hardship as a restaurant employee in a series of viral videos that trended on social media at the weekend, is what sparked the raid.
According to Nobavu, she was employed without a contract and received no base pay.
Nobavu added that she had to give her runner, who assists wait staff in clearing tables and serving customers, a portion of the small tips she earned for working long hours (1pm to 2am) without taking a break.
“After the video went viral, some of the managers tried to contact me, but I have not been returning their calls or the messages,” she said.
“One of the managers went as far as sending me a private message on Instagram offering to refund me for the uniform and equipment in exchange for me to take down the video.
“It saddens me because they think this is about the money; yes, I did incur financial loss, but this is more about the principle.
“I thought they would admit their wrongdoing and try to improve the working conditions of their employees, but I do not think they see themselves in the wrong.”
