/ 13 March 2008

CCMA rules on ‘non-white’ employee fracas

Solidarity on Thursday welcomed a Commission for Conciliation, Mediation and Arbitration (CCMA) ruling on a charge of unfair racial discrimination in the trade union’s favour.

”Solidarity 1, racism 0,” spokesperson Jaco Kleynhans said.

Solidarity declared a dispute with South African Airways Technical (SAAT) in February and referred the matter to the CCMA.

This came after a manager in the avionics section distributed a letter to staff members on January 23, asking that ”non-white” employees be given preference on certain grounds.

The letter contained the instruction that ”non-white” SAAT employees should enjoy preferential treatment when it came to training and overtime, Kleynhans said.

Solidarity then convened meeting with SAAT management and proposed a number of remedies.

The union asked SAAT to distribute an immediate correction of the discriminatory request and also demanded assurances from SAAT that employment and training in the company would never again be based on unfair practices, as well as proof that it had never been the case in the past.

When SAAT neglected to apply the remedies, the matter was referred to the CCMA on the grounds that it constituted unfair, race-based discrimination.

Solidarity emerged ”victorious”, after the parties were reconciled at the Gauteng CCMA and signed an agreement to this effect.

In terms of the agreement, SAAT had to distribute the correction, which had initially only been sent to certain staff members, specifically to all staff members who had been disadvantaged by the instruction.

”In workplace incidents that entail racial discrimination, employees are quickly penalised,” he said.

”In this case, however, where a manager was guilty of such practices, the employer first attempted to ignore the matter and then tried to find reasons to condone it.

”The CCMA’s finding, which is based on the Labour Relations Act, now compels SAAT to inform all relevant employees of the retraction of the original instruction.

”This represents a major victory for Solidarity and its members in SAAT,” Kleynhans said. – Sapa