Businessman ‘impaired dignity of employee’
IMPERIAL Holdings chief executive Mark Lamberti – newly appointed to the Eskom board – has been found to have wrongfully impaired the dignity of a highly qualified and experienced senior black female staff member‚ by referring to her as “a female employment equity” candidate.
Adila Chowan‚ a former employee at Imperial’s subsidiary‚ Associated Motor Holdings (AMH)‚ brought a court application against Lamberti last year after she was fired in September 2015 over allegations of misconduct.
The North Gauteng High Court has now found her to be a credible witness‚ who gave reliable evidence about how she was sidelined from being appointed as company chief financial officer – despite promises made to her by Lamberti.
The court has found that Chowan proved that she suffered damages as a result of Lamberti and AMH’s conduct.
Chowan said Lamberti made her feel like the only reason she had been employed within the Imperial Group was because she was an “equity employment employee”.
Judge Pieter Meyer said it was indisputable – based on AMH’s almost entirely white male senior management at the time of Chowan’s employment – that the company had “fared very badly in redressing the imbalances and wrongs of the past”.
Lamberti’s lawyers had claimed that Chowan was not given the position of CFO as she was inexperienced.
But Lamberti chose not to testify in the case‚ in which Meyer found Chowan to be a “singularly impressive witness”.
Chowan, who was employed by AMH between 2012 and 2015‚ is suing Lamberti‚ Imperial and AMH for more than R23-million‚ which includes the R1.9-million annual salary and R886 000 in annual benefits. She’s also claiming R5-million for her loss of dignity. Meyer has now found that Chowan has proved that she suffered damages as a result of Lamberti and AMH’s conduct.
What she will be paid out‚ however‚ is yet to be determined.