PPC challenges labour court order on media leaks report

Cement maker PPC has petitioned the labour appeals court to allow it to appeal against a recent labour court order to hand over a forensic report said to contain details of those responsible for leaking marketsensitive information to the media in 2017.

The labour court ruled in February that PPC should hand over a forensic investigative report to Siobhan McCarthy, PPC’s former head of corporate affairs, who has been engaged in disputes with PPC since it dismissed her in November 2018. She claims that this was in retaliation for her blowing the whistle on alleged media leaks.

The cement maker sought leave to appeal against the February ruling, but this was turned down by the judge in the matter on August 31.

“We have petitioned the labour appeals court for leave to appeal a recent ruling in a pending labour case,” CEO Roland van Wijnen told Business Day.

“Our reasons are set out in the appeal, and will be reviewed through the judicial process in due course.”

The February order to PPC to hand over the forensic report to McCarthy relates to the continuing unfair dismissal case against the company that she won originally at the Commission for Conciliation, Mediation and Arbitration (CCMA). It ended up in the labour court.

McCarthy asked for PPC to be ordered to hand over the report prepared by digital forensics company Exactech. She argues that it will shed light on who was behind alleged media leaks related to a proposed merger with rival AfriSam. She also argues that the contents of the report will prove her claim that she was dismissed in retaliation for making protected disclosures on the issue.