Sexual harassment at Makro - Germiston 14 - 11 - 06

Sexual harassment at Makro Germiston

SACCAWU statement

Two days before National Women’s Day (9 August) this year, which marked the 50th Anniversary of the struggles of women, in particular black women in South Africa, women workers (with the support of male shop stewards) at Makro Germiston took action against a perpetrator of sexual harassment.

The action was provoked by management’s attitude and failure to deal with matter. The victim (a contract worker from a labour broker company called Imbabala cc) complained formally to Makro Management about being sexually harassed by her manager. The manager in question is responsible for scheduling hours for her.

The management refused to take steps such as the suspension of the perpetrator, convening a grievance hearing or a disciplinary inquiry.

The views of union members were that action was taken in a previous incident of sexual harassment, and the perpetrator was dismissed, when a white woman was harassed by a black man. Yet in this case, which concerned a black woman contract worker being harassed by a black trainee manager, the management did nothing except to ask the victim to do a polygraph to see who is telling the truth.

The company did not do anything about the grievance, despite the fact that Makro has a policy on sexual harassment and is purportedly one of the companies who comply with the EEA.

After women workers asserted their right to a safe and equitable working environment, this was met with arrogance from both the Makro and Imbabala Management. The companies’ response was unsympathetic and sexist:

The grievance of the sexual harassment victim was addressed by Makro management only after women took matters into their own hands as a last resort. Management convened the grievance hearing. The grievant was asked to take a polygraph test “as it is your word against his”, which she of course refused.

In respect of the outcome of the grievance, the harasser was only charged with abuse of power, not sexual harassment. Neither the grievant nor the representative was informed about the corrective measures to be taken in term of the abuse of power, such remains as the grievant was told is the prerogative of the company to deal with matter. Makro has not responded to the appeal application.

The grievant was subsequently dismissed by Imbabala cc for her participation in the action against the perpetrator - three days after the sexual harassment grievance hearing being held at Makro. Her dismissal case is at CCMA. The grievance of sexual harassment lodged with Imbabala cc (the labour broker) has not seen the light of day.

Immediately after this 29 union members (women contract workers) working at Imbabala, who had shown solidarity with the grievant, were then also dismissed from the company for misconduct. Their case is at the CCMA.

At the same time 60 members of the SA Commercial Catering and Allied Workers Union at Makro were charged on five counts of misconduct (some singled out for being agitators). The disciplinary inquiry took the form of a mass inquiry.

The manner in which the inquiry is taking place is indicative of the attitude of management to women workers and union members in general. The inquiry is taking place in way out places like the Boksburg Stadium, an unfriendly and alien place for an inquiry to take place.

Furthermore, the company in its endeavours to discipline women, has flouted its own policy and the legal procedure by getting a lawyer to represent the company and a labour consultant to chair the inquiry. The objections of the union have been met with deaf ears. The company’s attitude is that if the union does not attend the inquiry, the inquiry will take place irrespective, in absentia.

It is very clear from the processes that followed after women workers reminded the management that they wanted their rights to be respected and that management implement policies equitably, that there is no respect for the rights of women in Makro or in Imbabala cc.

The union has endeavoured to fight these injustices tooth and nail, all workers at Makro nationally have submitted a petition to management at head office to withdraw all charges, reinstate those comrades dismissed and to address the sexual harassment complaint properly. The union is still awaiting a reply from management.

For further information, kindly call Mpho Twayi, SACCAWU Co-ordinating shop steward, at 011 372 0308