COSATU members to protest at Makro 24 - 11 - 06

COSATU members to protest at Makro sackings and sexual harassment

COSATU Gauteng members, with leaders of the federation and its affiliates, will be demonstrating tomorrow at the Makro store in Germiston. They are showing their solidarity with SACCAWU members who are protesting about the mass dismissal of 61 workers by Makro and Imbabala cc and the failure to deal with allegations of sexual harassment. They will be there from 11h00 to 14h00 on Friday 24 November.

This week’s meeting of COSATU’s Central Executive Committee meeting gave its full backing to the protest.

The background to tomorrow’s demonstration is that two days before National Women’s Day 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 the perpetrator of sexual harassment. They were provoked by management’s attitude and inaction in dealing with the complaint.

The victim (a contract worker from a labour broker company called Imbabala cc) complained formally to Makro management about being sexually harassed by her immediate manager, who is responsible for scheduling hours for her. Makro management however refused to investigate the matter, suspend the alleged perpetrator, or convene a grievance hearing or a disciplinary inquiry as per the company policy.

The spontaneous action taken by the women workers was fuelled by the fact that disciplinary measures were instituted in a previous incident of sexual harassment, when a black man harassed a white woman and the perpetrator was dismissed.

Yet in this case, which concerned a black woman contract worker being allegedly 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 Makro and Imbabala, whose response was unsympathetic and sexist:

1. Makro management addressed the grievance of the sexual harassment victim only after women took matters into their own hands as a last resort; it was only then that 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 union representative was informed about the corrective measures to be taken in terms of the abuse of power; the grievant was told that it is the prerogative of the company to decide on corrective measures and it does not have to disclose this to anybody.

2. Makro has not responded to the appeal application of the grievant (on the complaint of sexual harassment) instead has told her arrogantly to go to the Imbabala cc. to deal with her problem. It is this kind of dismissive attitude displayed towards the complainant that provoked the anger of the women at Makro, which refuses to accept that they are legally responsible to ensure that workers work in a harassment-free environment – so they are shifting their responsibility.

3. 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 has not seen the light of day.

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

5. At the same time 61 union members employed by 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 it took place is indicative of the attitude of management to women workers and union members in general. It was held in way-out places like the Boksburg Stadium, an unfriendly and alien place for such an inquiry. 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 companies’ attitude is that if the union does not attend the inquiry, it will take place irrespective, in absentia.

The comrades have since been found guilty on all charges and were summarily dismissed by Makro on 22nd November 2006.

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 and union members in general in Makro and Imbabala cc. The dismissal of the 61, just a few days before the 16 days of Activism Campaign on Violence Against Women exposes these companies’ inhumane and arrogant attitude.

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The victim of sexual harassment has reported the case to the police. During the solidarity action on 7th November to request that the perpetrator leave the shop floor, she was assaulted – the alleged perpetrator gave her a blue eye! This case of assault was reported to the police. The response from the SAPS has not been very considerate, in that no follow-up procedures have taken place. It is very clear that sexual harassment and the violence that is inherent in it is not taken seriously – not by the bosses, not by the police, not by society in general!

The union, SACCAWU, has endeavoured to fight these injustices toothand-nail; all workers at Makro (nationally) have submitted a petition to management at head office to withdraw all charges, reinstate those comrades dismissed and address the sexual harassment complaint properly. The union is still awaiting a response.

(For further information and for programmatic responses, kindly call:

SACCAWU: Mpho Twayi, co-ordinating shop steward, on 011 372 0308//082 390 5741, Ruth Salie on 082 373 1257, Zex Ximba on 825 6920, or Patricia Nyman-Appolis on 011 403 8333.

COSATU Gauteng: Siphiwe Mgcina on 011 873 2610 or 082 465 8336.