GEORGE NEWS - The Economic Freedom Fighters (EFF) in George has sided with two former employees of the Colven Group in response to an alleged racial incident that took place more than two years ago in 2015.
The party organised a picket in front of Colven's office in Marberius Street on 28 February in support of the two women. But this was to no avail, as the Commission for Conciliation, Mediation and Arbitration (CCMA) has ruled against the two ex-employees.
Following their dismissal in November 2017, the women lodged a formal complaint with the CCMA against Colven, alleging they were discriminated against because of an e-mail with racial innuendo.
Offending e-mail
The complaint involves an e-mail sent on 18 November 2015 by another employee which contained an alleged derogatory term.
The e-mail, with the subject line "New Fax received", reads:
Sender (18 November 2015 09:24 AM): Why are they ordering re-issues for Views? We have not deducted from them this year yet………
Receiver: (18 November 2015 10:25 AM): That is not a re-issues they tick on the new issues
Sender: (18 November 2015 11:18 AM): But used a re-issue form. Monkeyyyyyysssss. Don't know if he was taught correctly by the others
Receiver: (18 November 2015 11:28 AM): The word Monkeys what does it mean
Sender: (18 November 2015 12:19 PM): Sorry for this, not at all meant this way. Please accept my apology for this. Have a great day
The employees believe their dismissal from work on 24 November 2017 had something to do with the monkey slur. "We were dismissed from work for unjustifiable reasons and we therefore went to CCMA to open a case of unfair dismissal, and we also opened a case of discrimination."
CCMA rules against employees
The women told the CCMA they reported the matter in 2015, but didn't receive a progress report at any time. The CCMA had to determine whether the applicants had shown good cause by referring their dispute late and whether the CCMA should grant or refuse condonation accordingly.
On 9 March CCMA Senior Commissioner Samuel Barron ruled that the delay was excessive and that the applicants failed to give good reasons for the delay and that they have very little prospects of success. He said the applicants are of the firm belief that the monkey e-mail was the cause of their dismissal, which he said "of course was not true." He also rejected the one applicant's contention that she did not see the sender's apology. He said it does not make sense that the applicants waited for two years before approaching the CCMA and said that the dispute was triggered by the applicants' dismissal.
Colven responds
Colven CEO Kobus van den Berg told the George Herald the offending term was not directed at the receiving employee, or at any specific person or racial group, but was made in reference to staff in the branch generally not following laid-down company procedure. The employees conciliated the incident between themselves and it was not reported to any senior manager or director at the time.
Van den Berg said the receiving employee and another colleague were dismissed from the company on completely unrelated charges, after the company followed due legal process.
"It was only at this point that the receiving ex-employee made the rest of her colleagues at the branch, as well as senior management, aware of the two-year-old incident. After an investigation, Colven senior management took the harshest disciplinary action against the offending employee, within the confines of the law."
He stressed that Colven Group of companies expressly prohibits any action or behaviour that leads to racial, gender or sexual disharmony. "We have and will continue to enforce the harshest disciplinary action, within the confines of the law, against any employee who is found guilty of such action or behaviour."
Read Colven's full response here.
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