HE HAS CONQUERED A GIANT - BUT NOW HE FACES A BIGGER BATTLE

Article from the South African Sunday Times Metro - 2nd December 2001

by Gillian Anstey

Note the full text of this article with illustrations, can be found at http://www.suntimes.co.za/2001/12/02/news/gauteng/njhb04.asp

Editor's note - R480,000 converts to approximately 30,000 pounds sterling.

Sergio Carlos got R480,000 but what he really wants is his health back

Sergio Carlos recently took on information technology giant IBM SA - and won. The former IBM salesman from Linmeyer, Joburg, took the IT company to the Commission for Conciliation, Mediation, and Arbitration after he was forced to resign, and was awarded R480,000.

But Carlos's joy at the high award is tinged with sorrow - only a week after winning that battle, he discovered he had cancer.

But as with IBM, Carlos has vowed not to give in until he beats the disease.

"I'm gonna fight it. It's picked a bad customer", he said.

Carlos's problems with IBM started when the company asked the 33-year-old salesman - who earned about R500,000 a year - to explain every bit of commission he had received. Until IBM received this information, it refused to pay Carlos any commission.

Difficult

When Carlos told them the information was on the company's computer system, IBM claimed it was difficult to access. Carlos got no commission for two months and he eventually resigned.

IBM argued that it was merely an "oversight" that it hadn't paid Carlos his sales commission.

But the commission ruled that IBM's failure to pay was "deliberate" and ordered the IT giant to pay Carlos R480,000 - one of the highest awards ever for an unfair dismissal.

But despite giving it to the IT giant on the chin, Carlos said he would give up all the money to have the cancer go away. "If I could swop the money for my health, the money wouldn't be an issue. I have two young kids and I want to see them growing up."

Carlos's lawyer, Ian McLaren, said: "This shows that even the littlest guy has a fair chance against a big corporation."

IBM said it was appealing the matter in the Labour Court.