We are a nation of tolerant people. This is a South African trait of which we can be very proud. However inevitably at our workplaces some of our “cultural beliefs” will clash. The April edition of that excellent booklet the Industrial Law Journal reports on a Labour Court Judgement which sets out the consequence for an employer if culture is ignored at the workplace.

The case is Kievits Kroon Country Estate (Pty) Ltd v Commission for Conciliation, Mediation & Arbitration & others (2011) 32 ILJ 923 (LC).

Briefly the applicant was employed by the Responded employer as a chef de partie. She began to have bad dreams and visions. She sought help from a traditional healer who advised her that she herself needed to become a traditional healer as this is what her ancestors required of her. The healer also informed her that if she did not do so she would probably die or collapse at the workplace. She received a certificate from the traditional healer confirming this diagnosis and recommended course of action.

She approached her employer and asked for a month’s unpaid leave to undergo her training as a traditional healer. Her employer refused and offered her one week’s unpaid leave. The chef de partie absented herself from the workplace for the month that she had requested.

On her return to the workplace she was charged with: -

- Non compliance with established procedures – detrimental to the company

- Absent without a valid reason for three days or more

- Gross insubordination

- Challenging the employee’s authority

- Willfully causing anything detrimental to the company ect ect.

Clearly the Responded employer threw everything at her except the kitchen sink!

She was dismissed for gross insubordination for non-compliance with established procedures etc.

Remember she was the chef de partie!

Needless to say she was found guilty and dismissed. The CCMA Commissioner found that the dismissed chef had acted reasonably towards her employer. She believed firmly that her life was in danger. The set of circumstances facing her were out of her control and her employer had not taken this clash of cultures into due consideration. The chef de partie was re instated.

Not satisfied with this decision the Respondent employer took the matter on review to the Labour Court. Judge Francis found most of the allegations put against the chef to be unfair. The real issue was whether she had justifiable reasons for being absent from work for more than 3 days. The learned Judge decided that she did have such justifiable reasons.

In short, the chef had no choice but to obey the calling of her ancestors.

As the Judge wrote. “This case sadly shows what happens when cultures clash at the workplace.” He might have added that our South African attribute of tolerance goes down the kitchen sink whenever our cultures clash at the workplace!

There are several lessons for employers in this case.

The first is that putting a series of complicated charges against an employee may not be that clever. Rather keep the charge simple and clear.

The second is that tolerance of each other’s culture is an attribute we South Africans should practice at the workplace.

Remember tolerance is, like patience, a virtue. It is something good!

Article by: Les Owen

Everybody in the world is being asked to do something to help others for 67 minutes.  http://www.mandeladay.com/

Owen, Adendorff and Associates (Pty) Ltd in a joint venture with e-TV have produced a Leadership Training Programme based on the Leadership of Nelson Mandela.  Part of this programme is a DVD entitled LEADING LIKE MANDELA

The 8 Leadership Principles contained in the DVD will be debated and broadcast at the following times on the Inside Out Programme:

SHOW 1

PREMIER:  Saturday, 18 July 2009 at 9:30 am (on Madiba’s birthday)

THEREAFTER:

Sunday, 19 July 2009 at 11:30 am

Monday, 20 July 2009 at 12:30 pm and 23:30 pm

Tuesday, 21 July 2009 at 12:30 pm

Wednesday, 22 July 2009 at 15:30 pm

SHOW 2

PREMIER:  Saturday, 25 July 2009 at 9:30 am

THEREAFTER:

Sunday, 26 July 2009 at 11:30 am

Monday, 27 July 2009 at 12:30 pm and 23:30 pm

Tuesday, 28 July 2009 at 12:30 pm

Wednesday, 29 July 2009 at 15:30 pm

All of these will be broadcast on the E-news channel on DSTV.

We are advising all clients of this event in the hope that many of you will have the opportunity to view at least one of the programmes where some portions of the video will be flighted.  We look forward to your comments.

CASE UPDATE

In this matter the company’s employees started a lawful protected strike.  Some Employees did not strike and continued working.  The company paid the non-striking employees a daily allowance, free food and allowed them to work extra overtime.

The union approached the Labour Court contending that the company was discriminating against the striking workers by paying the allowance, the free food and permitting extra overtime.

The Court ruled that the Union was correct and issued a judgment prohibiting the Company from doing so.

There are serious implications for employers who have to manage a protected strike and who want to reward these employees who remain at work.

“National Union of Mineworkers v Namakwa Sands – a division of Anglo Operations Limited (2008) 29 ILJ 698 (LC)” 

However there may still be some uncertainty in the minds of your employees so we suggest that you confirm that they will be attending work on Monday and Tuesday as normal transport will be available.