OFFICE INJUSTICE OP-ED: Labour court ruling on SAPS case an expensive lesson for employers who ignore workplace discrimination

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The landmark labour court judgment is the first to rule that racial, ethnic and social origin harassment constitute unfair discrimination under the Employment Equity Act’s code of good practice. This distinguishes it from its predecessor, which recognis...

A recent judgment by the labour court has demonstrated the consequences of an employer’s failure to meet its obligations in cases involving unfair discrimination allegations.

Tikoe and Mphana had accused Oosthuizen of referring to them with a racial slur after she had taken corrective action against them relating to their absenteeism. A few days later, Oosthuizen was approached by an intern who informed her that she had overheard the warrant officers conspiring to falsely accuse her of racial discrimination.Oosthuizen lodged a grievance, requesting that disciplinary proceedings be instituted against the warrant officers. The SAPS did not institute any disciplinary action against them, but instead transferred Oosthuizen pending the finalisation of the disciplinary action against her.

A year after the incident, the warrant officers were charged. Mphana was found not guilty on the basis that there were no statements that corroborated and proved that he had committed the misconduct. Tikoe, on the other hand, pleaded guilty and was given a sanction of a written warning and one day’s leave without pay.

The court found that the SAPS’s insistence that it had taken all the necessary steps to address the racial harassment was not backed up by evidence. What had transpired was that the SAPS had protected the perpetrators of racial harassment.

 

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▪️Equal opportunity policies are against racism. ▪️Affirmative action is racism under new management. - Thomas Sowell

Can ya'll learn to shorten the titles...

'The SAPS was ordered to pay Oosthuizen R300,000 and tender a written apology to her for the indignity she had suffered.' Taxpayers cannot carry the damages. It must be recovered from those liable in law ito Treasury Regulation 12.7.

Police is too full of untrained people with the right skin colour

KaisaTshepo thort you'd like to see this

The police protecting racist police...sounds about right.

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