NO FORM OF RACISM WILL BE TOLERATED

NO FORM OF RACISM WILL BE TOLERATED

The United National Transport Union (UNTU) once again want to bring it to the attention of our members that no employer will tolerate any form of racism and will dismiss employees who are found guilty.

There is no chance of getting the dismissal reversed on arbitration or in die Labour Court as all role players are bounded by the Constitutional Court judgement last year which ruled that the courts as the custodians of the Constitution has a duty to eliminate racism and therefor employers must take a zero-tolerance approached.

Steve Harris, General Secretary of UNTU, says an arbitrator of the Transnet Bargaining Council recently ruled that the dismissal of a Transnet employee in the Northern Cape on ground of racism was fair and just.

The employee transgressed the Transnet Code of Ethics that instructs or expects all employees to: “Treat Each Other with Dignity and Respect”. He also transgressed the Transnet Culture Charter that expects from all employees: “Not to discriminate and end racism”.

The employee contravenes the Transnet Racism Policy when he sends an offensive picture of two monkeys on a WhatsApp group. On the picture the one monkey ask the other to borrow an ID to go and vote. Transnet argued that the employee knew that he was the only white person in the team and therefor it can be concluded that he regarded his other team members as monkeys.

The employee admitted that he did send out the WhatsApp, but said it was a joke he wanted to share with his colleagues. He argued that Transnet’s WhatsApp policy does not deal with WhatsApp messages.

The arbiter found that social media is defined in the Merriam-Webster dictionary as a form of electronic communication (as Web sites for social networking and micro blogging) through which users create online communities to share information, ideas, personal messages, and other content (as videos).

The WhatsApp website states that it is a ‘free and offers simple, secure, reliable messaging and calling, available on phones all over the world’.  This description falls within the definition of a social media as described in the Merriam-Webster dictionary.

Other forms of social media include Facebook, Twitter, YouTube, Instagram and Pinterest.

Harris urges UNTU members to refrain from sending any type of offensive joke to others.

“Racism is considered one of the most serious offenses in the workplace,” he warned.

Harris further states that UNTU’s position is very clear in that it does not condone any forms of racism and harassment which inter alia includes matters such as ethnical racism, sexual harassment of any form, and is therefore requesting members of UNTU to refrain from these serious offences.

Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer. For UNTU Press Releases e-mail sonja@untu.co.za or phone 082 463 6806.

 

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