Please Call Me battle
THE COURT case between Vodacom and a former employee, over claims that the cellphone operator refuses to compensate the employee for his Please Call Me innovation, is expected to go on trial next year.
Last year Nkosana Makate, who worked for Vodacom from 1995 to 2003, slapped Vodacom with summonses accusing the network provider of reneging on its agreement to compensate him for developing the successful Please Call Me service.
In its answering affidavit, Vodacom admits that the product was Makate’s brainchild, but says that the work was done within his scope of employment, therefore making it Vodacom’s property in terms of his employment agreement. As a result he is not entitled to claim relief, Vodacom says.
According to Vodacom, in terms of the general conditions of Makate’s employment, it was agreed that if he developed or produced anything during the course and scope of employment with the company, the rights should belong to the company.
Makate denies this, saying that it was not within his scope of work to develop this innovation.
He worked for the finance department and a product such as this would have come from the products development unit.
The company denies that an oral agreement was reached to pay Makate.
Vodacom spokeswoman Dot Field, said yesterday that the company could not comment on a sub judice matter.
Independent intellectual property lawyers have previously said that in terms of "scope of employment", some contracts were silent on procedures in cases where an employee created new intellectual property while employed.
Makate proposed the service to his then line manager, who later referred it to the head of product development and management, Phillip Geissler.
In an e-mail sent on February 6 2001, responding to Makate’s urging for the firm to discuss rewards, Geissler said: "As for rewards, all staff are expected to assist the company to achieve its goals. That is part of normal business.
"As for you and your assistance, once the product is launched (and assuming it’s successful) I will speak to Alan (Knott-Craig, the group chief executive). You have my word."
Makate and Vodacom did not have a written agreement because Vodacom wanted to wait for the success of the product before agreeing on payment, Makate said.
Vodacom transmits more than 20 million Please Call Me messages a day. The service is used as an advertising platform, which adds revenue.
To argue his case, Makate will use an internal newsletter published in 2001 in which Vodacom’s former managing director Andrew Mthembu acknowledged Makate’s concept, stressing that the idea came from a staff member whose "job is not related in any way to product development".
The independent lawyers added that Makate would have to prove there was an oral agreement to pay him for the innovation and that it fell outside his scope of employment.
Vodacom Please call Me case – give your views
Business Report
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