Barry Streek
Two women workers on the historic Applethwaite apple farm in the Grabouw district have been reinstated in their jobs after being served with eviction notices following the dismissal of their husbands.
Their victory, after the farm backed down, is a significant step in protecting the rights of women farm workers.
Both their husbands, who launched the Food and Allied Workers Union and then South African Agricultural Plantation and Allied Workers Union on the farm – the home of Appeltiser – were dismissed from their jobs.
Although one of the husbands, Manie Damon, challenged his dismissal on grounds of misconduct in the Industrial Court, the court held that his firing was fair.
Damon’s wife, Hendrietta Damon, continued to work on the farm as a permanent part- time employee, and occupied the house on the farm she shared with her husband.
The other woman, Maria Claassen, also continued working and living on Applethwaite with her dismissed husband.
Last year, Applethwaite issued summonses against the two women, giving them two months’ notice to leave the farm workers’ village on the grounds that they had also been dismissed.
The farm claimed the women had unlawfully enjoyed the benefits of free water, electricity and accommodation at the farm’s expense, and sued for these costs as well.
Hendrietta Damon and Maria Claassen, who is also a sister of Manie Damon, took the matter to the Land Claims Court.
Damon claimed “by operation of law she enjoyed the right to free accommodation and family in the residence she occupied with her husband”.
Damon’s attorney, Glynn Williams of Chennells Albertyn, who represented the women for free, argued that there was no reason why she should be discriminated against by virtue of her gender, and by not being permitted to have her husband and family reside with her.
Shortly before the labour case was to be heard, Appelthwaite withdrew, reinstated the two women and gave them back pay.
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