Exec in trouble over Heritage Day
Boss miffed that employee wore traditional attire
A Gauteng car dealership is hauling one of its employees to a disciplinary hearing for coming to work dressed in traditional attire on Heritage Day.
Sales executive Makoma Tlokwe arrived at the dealership wearing a black dress and beaded Ndebele belt and head band on September 24.
According to Tlokwe’s sister, Caroline, Tlokwe has been charged with misconduct and gross insurbodination.
Caroline alleged that when Tlokwe’s manager, Pearl Thwala, saw her in the traditional gear, she expressed her unhappiness. Following a confrontation, Tlokwe decided to change into her work clothes.
However, a few days later, Thwala slapped Tlokwe with a notice of a disciplinary hearing which is scheduled for today.
“Please note that the purpose of this disciplinary hearing, amongst others, is to put forward the charges of alleged misconduct that have been levelled against you, to afford you the opportunity to refute the allegations, and to determine the appropriate action and/or sanction at the conclusion of the hearing.
“…It was discovered... that you acted in a disrespectful manner in speech and/or demeanor towards your manager in that you arrived at work in traditional clothing or argued with your manager that it was Heritage Day when asked why you were not wearing your uniform.
“…It was discovered ... that you have continuously failed and/or refused without good cause to effect a lawful and reasonable instruction issued by your superior and/or manager, namely Pearl Thwala, to ensure your company vehicle is clean and/or to ensure that no personal belongings are left in the company vehicle,” read the charges.
According to the Bill of Rights, “Everyone has the right to … participate in the cultural life of their choice…”
In an interview with Sowetan yesterday, Thwala said: “There’s no way one employee ... can be the only one coming with traditional attire. Each and every company has got rules. And we’ve got uniform. If everybody does agree … today is a Heritage Day, can we not all wear this, then it’s something else. If she wants to work for the company, she needs to comply with the company rules.”
“I’m also an employee and I also wear my uniform as [per] company rules. She’s the only person that does what she wants, that’s why she’s being disciplined, and not just for that – for a lot of things,” she said. Lawyer Zola Majavu said it may be company policy for workers to always wear uniform, but if that policy runs contrary to the Constitution, it may be found wanting. “[However], the company has a policy and there’s nothing unreasonable about that policy,” said Majavu.
“Just imagine, for instance, if a police officer, a referee or nurse would rock up to work in full traditional attire in the name of Heritage Day. “The test is going to be on whether the policy is reasonable and the company is within its right to discipline,” he said. Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities chairperson Thoko Xaluva said Heritage Day was a national holiday and it was unconstitutional to discipline her because Heritage Day is a national day “where we all acknowledge who we are”.
“As a car dealership, they should be proud of being a South African company. It means there’s a problem inside the dealership,” she said, adding that Tlokwe could register a complaint with the commission.