Court warns on playing race card

Do not play the race card when dealing with workplace grievances.

This was the caution issued recently by the Labour Court of Appeal following a legal spat between Legal Aid Board Western and Northern Cape boss Cordelia Robertson and Kimberley-based Justice Centre executive Vincent Mayisela.

The root of Mayisela’s anger was a low performance score (54%) that Robertson – who is coloured – had given him.

While Robertson gave him an opportunity “to persuade her otherwise”, Mayisela refused this.

It resulted in Mayisela being charged and found guilty of gross insubordination, two hearings before the CCMA – the second one resulting in his dismissal – and his appeal to the Cape Labour Court, which ordered his reinstatement.

The Legal Aid Board, in turn, appealed to the court of appeal which has now ruled that the CCMA commissioner had been correct and his dismissal was fair.

“Unjustified allegations of racism against a superior in a workplace can have very serious and deleterious consequences,” acting judge John Murphy said in a ruling two weeks ago, with judge-president Basheer Waglay and judge Roland Sutherland concurring.

“Employees who allege tacit racism should only do so if there is persuasive objective information.”

The matter exposed a history of acrimony between the two stemming from the performance rating. –