Makate takes Vodacom CEO’s R49-million offer “on judicial review”

marine1

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Lol. Just now he gets nothing.
I still dont u derstand howthe court allowed a vested party, the CEO to determine the amount. Should have been someone independant. Its like asking a thief to determine his own sentence
 

Gaz{M}

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Can you imagine what an independent third party would award? Have you seen the brainless outbursts of non-involved illiterates?
 

ToxicBunny

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How can it go under judicial review?

Vodacom have followed the ruling to the letter, and R49m is a bloody fair offer for employee compensation.
 

The_MAC

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How can it go under judicial review?

Vodacom have followed the ruling to the letter, and R49m is a bloody fair offer for employee compensation.
I agree, but the words fair and reasonable is a loose term, and this is where I think the courts got it wrong. They should have either stipulated a percentage of the revenue for a time-frame, or got an independent team to put forth recommended amounts that are measurable. Now there is a "debate" about the value, and the aggression is directed at Vodacom instead of the court.
 

ToxicBunny

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I agree, but the words fair and reasonable is a loose term, and this is where I think the courts got it wrong. They should have either stipulated a percentage of the revenue for a time-frame, or got an independent team to put forth recommended amounts that are measurable. Now there is a "debate" about the value, and the aggression is directed at Vodacom instead of the court.
Yeah I know...

I will piss myself laughing though if the courts come back and say R5m is fair....

Then he will have properly fscked himself
 

yebocan

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New legal team for Makate?
hopefully....and they bring some reality into the equation....personally think, 49 mil does not even start to cover the moola that his backers have pumped into this shitfest.
 

R13...

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How can it go under judicial review?

Vodacom have followed the ruling to the letter, and R49m is a bloody fair offer for employee compensation.
He's entitled to review it if he feels it isn't fair. The court rule was too high level, they should said how that offer is to be determined. Is it based on the value of the idea or based on Vodacom's internal processes and compensation rules for similar ideas to employees? I doubt Vodacom pay their employees anywhere close to that amount for ideation. It could of course end up blowing up in Vodacom or Makate's face if the court rules on what the compensation should be. It's a roll of the dice by Makate here but I think he has nothing to lose as he is likely in liabilities that far exceed the offered amount so why not leave it to the court to decide. He either remains deep in debt or makes a killing. If the former, he's no worse off than he was before he started fighting them.
 

Eti1

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Lol. Just now he gets nothing.
I still dont u derstand howthe court allowed a vested party, the CEO to determine the amount. Should have been someone independant. Its like asking a thief to determine his own sentence
My understanding is that was what the original agreement provided for. CC just ordered that the contract is valid and enforceable.
 

ToxicBunny

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He's entitled to review it if he feels it isn't fair. The court rule was too high level, they should said how that offer is to be determined. Is it based on the value of the idea or based on Vodacom's internal processes and compensation rules for similar ideas to employees? I doubt Vodacom pay their employees anywhere close to that amount for ideation. It could of course end up blowing up in Vodacom or Makate's face if the court rules on what the compensation should be. It's a roll of the dice by Makate here but I think he has nothing to lose as he is likely in liabilities that far exceed the offered amount so why not leave it to the court to decide. He either remains deep in debt or makes a killing. If the former, he's no worse off than he was before he started fighting them.
I actually think regardless of what the court may rule in terms of fairness, Makate is totally up effluent creek without any sort of paddle....
 

The_MAC

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He's entitled to review it if he feels it isn't fair. The court rule was too high level, they should said how that offer is to be determined. Is it based on the value of the idea or based on Vodacom's internal processes and compensation rules for similar ideas to employees? I doubt Vodacom pay their employees anywhere close to that amount for ideation. It could of course end up blowing up in Vodacom or Makate's face if the court rules on what the compensation should be. It's a roll of the dice by Makate here but I think he has nothing to lose as he is likely in liabilities that far exceed the offered amount so why not leave it to the court to decide. He either remains deep in debt or makes a killing. If the former, he's no worse off than he was before he started fighting them.
Has Jannie commented on this matter? If he has, can anyone point me to his comments.
 

ToxicBunny

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Has Jannie commented on this matter? If he has, can anyone point me to his comments.
Not that I'm aware of, at least not in so much as the offer or its refusal and review..

I am sure he won't just to protect himself and VC...
 

The_MAC

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Not that I'm aware of, at least not in so much as the offer or its refusal and review..

I am sure he won't just to protect himself and VC...
I am more interested in the handling of innovation coming from internal resources, how do they usually determine compensation. I am sure after this, their policies will be rewritten from top to bottom.
 

ISP cash cow

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I think the reason why the court's didn't set an amount and basically said that the amount was at the discretion of the Vodacom CEO was because the court's judgement was on the basis of the "gentleman's agreement" between Makate and the Vodacom CEO with regards to the compensation. The court could only find that the "gentleman's agreement" should be held up since there was enough proof and evidence that it was put in place, however probably during the "gentleman's agreement" no amount of compensation was discussed between the two parties and therefore the court could not uphold on the amount that should be paid over but only that an amount should be paid over, hence the reason why they said the amount was at the discretion of the vodacom CEO

Just my opinion though
 

ToxicBunny

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I am more interested in the handling of innovation coming from internal resources, how do they usually determine compensation. I am sure after this, their policies will be rewritten from top to bottom.
I think their current policy is probably pretty rock solid, this just happened before that so the current policy isn't applicable.
 

R13...

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Has Jannie commented on this matter? If he has, can anyone point me to his comments.
He has commented and I think he said they offer up to R1m on their ideation system which he runs. I think he's head of innovation there so he'd be the right person to know. It is possible though that Makate's case precedes their current innovation model or whatever ideation thing they have. MyBB wrote an article about the compensation and I think it may be based on his comments.
 

The_MAC

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He has commented and I think he said they offer up to R1m on their ideation system which he runs. I think he's head of innovation there so he'd be the right person to know. It is possible though that Makate's case precedes their current innovation model or whatever ideation thing they have. MyBB wrote an article about the compensation and I think it may be based on his comments.
Sounds right. This Makate guy is crazy to think that he can get a percentage of all the revenue generated from PCM's across the globe during its entire life-span, doubt there was ever a precedent for this type of compensation, and they aint gonna set one now.
 

Barbarian Conan

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Lol. Just now he gets nothing.
I still dont u derstand howthe court allowed a vested party, the CEO to determine the amount. Should have been someone independant. Its like asking a thief to determine his own sentence
The ruling this week turns the matter into a court order that Vodacom negotiate a sum “in good faith” and, if that fails, to have Vodacom CEO Shameel Joosub arbitrate as a “deadlock-breaking mechanism”.

The irony was not lost on the judges.

“While choosing the CEO may not be regarded as a delegation of power to a third party ... it is how the parties in their wisdom formulated the relevant clause,” reads the ruling penned by Jafta.
https://city-press.news24.com/Business/how-much-will-please-call-me-inventor-be-paid-20160501

So blame his lawyer.
 
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