Pierce loses court bid to return to Good Hope

POPULAR DJ Nigel Pierce, who was axed three years ago after hosting the Good Hope FM afternoon show, has lost his legal bid to be reinstated.

The Labour Court, sitting in Cape Town, found that Gavin Goliath, better known as DJ Nigel Pierce, was not a permanent employee of the SABC and that the employer was in its rights when it ended his contract.

It was found that, as a freelancer, he did not have a permanent contract. Goliath, however, did not see it this way. When he was axed, he turned to the CCMA, which ruled against him. Aggrieved with this finding, he took the matter to the court, where he also now lost.

He maintained that his dismissal was unfair and that he regarded himself as a permanent employee, although his contract was renewed year-to- year.

‘The Nigel Pierce show’ on Radio Good Hope FM ran for three hours per day over a five-day week. He was paid an hourly rate for the time his programme was on air.

The SABC argued that Goliath was not an employee, but rather an independent contractor.

The commissioner earlier found he was not under the supervision or control of the station for the presentation and production of his work. He was not obliged to obey any orders of SABC, as represented by the management of the station, in regard to the manner in which he had to work.

He was also not subject to the SABC’s disciplinary code nor entitled to leave.

He was permitted to engage in other paid work as long as it was not in competition with the station.

But during his recent review application to the Labour Court, Goliath argued that the clauses, which described him as an independent contractor, were a sham and invalid as the relationship

between him and the SABC was one of “disguised employment”.

He said the commissioner should have concluded that the programmes he presented fell under the SABC’s direct control or supervision, that he was an integral part of the organisation and that he was economically dependent on the public broadcaster.

He argued that he was an integral part of the SABC’s organisation, as he was involved in discussing the SABC’s internal affairs and was involved in the SABC’s core business.

He claimed that the SABC exercised sufficient supervision and control over him to indicate an employment relationship.

He also contended that the station had control over the content of his show, as well as over the manner in which the radio programmes were to be performed.

Examples used by Goliath to show control were; that he was instructed not to conduct an interview with Dr Eve (a sexologist), it was recommended that he remove certain “inappropriate” content from his social media, he was advised to watch his language on air, and he was prevented from saying certain things.