Judgment has been reserved in the Cape Town Labour court over whether a black worker should be compensated by a company for being called a ‘kaffir’.The issue began two years ago when a white employee of Old Mutual allegedly asked why she had to sit next to a ‘kaffir’. The affected worker, Xolile Finca, then asked his union, the South African Transport and Allied Workers Union (Satawu) to take up his case.It took six months of constant pressure from Satawu before management agreed to charge the person and initiate a disciplinary hearing. In this hearing, chaired by a Black manager, the white employee was found guilty and dismissed.However in the appeal hearing, chaired by a white manager, she was reinstated.Satawu then took the case to the Labour Court demanding compensation for Finca of R100 000 under the Employment Equity Act (EEA).At the labour court, lawyers acting for Finca questioned Old Mutual’s claim that calling someone a ‘kaffir’ did not constitute discrimination. They said that a higher court, the Labour Appeal Court, had already ruled that using this derogatory word did constitute discrimination. Moreover, the EEA also allows a person to claim damages against the employer for this. Satawu has attacked Old Mutual’s defence of the offender. It says it “casts doubts about their commitment to the new South Africa” and its intentions to play a more global role. Meanwhile, Satawu reports other racist incidents. In Benoni, a worker was spat at and hit by his employer, while in the Northern Cape, a Springbok employer “insists on calling his staff by derogatory terms such as Hotnots and Boesman.”
Dear Numsa NewsWe are still facing dramatic challenges in the workplaces. I am referring to the company that I working for in Alrode South in Alberton Local which is Duncan Mec.Racism is dominating in the workplace. Blacks are given different wages as compared to the whites even though we are doing the same job with the same qualification. When you talk about it, you will be told ‘you are not educated’.First preference is given to whites, no promotions to the blacks. When you ask about affirmative action, the answer is ‘the gate is open, you can go’. Please comrades can you come up with a system of visiting companies like these and get it yourselves.Comrades are dying slowly but surely. The companies are trying by all means to bring down the power of the unions by employing labour brokers. For example, Hydro Sebenza is dominating in our workplace with higher rates of payment which is killing the spirit of the workers who are Numsa members and solidarity is there to destroy us.We are appealing to Cosatu to take action before it is too late. There is a lot to be rectified, the company is promoting the apartheid system. Black workers had no job descriptions but do all dirty work for the white workers.Yours in struggle(Name withheld to protect the writer)
Dear Numsa NewsBeing a member for a while now, I have realised that there is nothing impossible here on earth. I am working for the so-called ‘Grey company of autocracies’ who are happy more than the word happy when they are profiteering or benefiting while an employee or worker gets 1% of his/her competent hard work.I would like to thank Numsa for stepping in, for showing the green light in the tunnel ahead of us. In our black and white workplace, not to mention in our beloved country, you do not have rights as a worker, no code of conduct. Even an animal like a dog does have rights, ask SPCA. But these people are treating us like pieces of s… because they have money like dust. They can hire or fire whoever they like. Viva Manqoba Elvis Maseko
