Sowetan

Exec in trouble over Heritage Day

Boss miffed that employee wore traditiona­l attire

- By Mpho Sibanyoni

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.

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 ?? /SUPPLIED ?? Makoma Tlokwe is headed for a disiplinar­y hearing for wearing her traditiona­l clothes on heritage day.
/SUPPLIED Makoma Tlokwe is headed for a disiplinar­y hearing for wearing her traditiona­l clothes on heritage day.

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