Fani worked for Independent Newspapers for more than 20 years, delivering newspapers in Lakeside, Muizenberg and Kalk Bay. He received a termination letter in January.

“Taking into consideration dangers involved in the work, the money is too little. However, looking at my current situation, I accepted that money,” says Fani.

Fani is now working at a car dealership as a driver, and washing cars, earning R2,500 a month. He sells dried fruit and peanuts at weekends.

“It is not easy to adjust to the new work but I am trying to close the gap,” he says.

He can’t cover the educational needs of his two children who have entered matric this year.

“My two children are still going to school. I do pay part of the fees, but there is someone helping me to meet all the costs involved,” says Fani.

Independent had accused him of poor service - a charge which Bongani denies - and alleged that he was a contractor, not an employee, and his services could be cancelled. But CCMA Commissioner Pat Stone found among other things that after 21 years service Bongani was obviously an employee.

He says the newspaper delivery work was difficult. “One wakes up as early as 3:30am every day and you may meet robbers on your way.”

He says he developed a good relationship with his clients. “Some of them still support me, buying whatever I sell in Masiphumelele during weekends.”

Independent has not yet responded to a request for comment.

Update 2 November 2015

Independent responds

In reply to questions by GroundUp, Independent maintains that the dismissal was “only found to be marginally (procedurally) unfair” and the “dismissal was found to substantively fair”.

The CCMA found that Fani was an employee and not a contractor, but, Independent still holds the “view” that “Mr Fani was a contractor and not an employee”.

“There was no settlement on this matter and the time delay was due to the non-availability of set-down dates and available commissioners at the CCMA and Statutory council. This had nothing to do with the company (respondents in the matter).”

Furthermore, according to Independent, “His file reflects that there were several verbal warnings over a time period as well as a final written warning.”