‘Unfair discrimination’: Workers fired after going AWOL to attend initiation school

The decision by some companies to dismiss employees who went for the Ndebele initiation without consent has been criticised as insensitive and unfair discrimination.

Vusi Msiza lost his apprenticeship at engineering company FLSmidth in Delmas, Mpumalanga, after he went for initiation, a sacred custom central to his culture and heritage.

He explained that he applied for leave in April and attached a letter from the local traditional leader, as the custodian of Ndebele customs, confirming that he was going for the rite of passage for two months.

“The HR department said they would come back to me but this did not happen until the day I was supposed to leave. I was told I could not be absent from work for two months. I had no other choice but to leave without permission because it was important that I undergo the rite of passage,” he said.

On April 22 Msiza, 27, and hundreds of other boys went for initiation in KwaHlanga and returned on 11 July.

But when the 27-year-old reported for duty on 14 July, he was slapped with a dismissal letter which he refused to sign.

The company said it never commented on matters regarding specific and named employees but that “this matter is currently ongoing and following due process”.

The same fate also befell Bongani Skosana, 22, an assistant mechanic at a chrome mine in Marikana, North West.

He put in 11 days annual leave and 56 days unpaid leave, which were approved by his line manager but the human resources division only approved the annual leave.

This was not enough to cover the duration of the initiation school and his pleas fell on deaf ears – so he absconded.

“It was important that I go because this was my regiment and had come of age. That is who I am, my customs and traditions require that I go for initiation but now I do not have a job,” he said.

ALSO READ: Watch: From boys to men – Inside the Ndebele initiation journey

Insensitive

This in a country with one of the highest unemployment rates, with young people making up the bulk of the jobless.

According to the Quarterly Labour Force Survey (QLFS) for the first quarter of 2022, the unemployment rate was 63.9% for those aged 15-24 and 42.1% for those aged 25-34 years, while the current official national rate stands at 34.5%.

Ndebele cultural activist Thando Mahlangu said they have taken up the matter with the companies, saying it was shocking that the employers could be so insensitive to cultural practices of communities in which they operated.

ALSO READ: Boulders Ndebele incident: Corporate and cultural confusion?

He said the Constitution accords both culture and religion equal recognition and protection.

“Everyone is protected from being unfairly discriminated on any grounds. This includes religion, belief and culture. While they were technically wrong to go without permission, the employers could have been more understanding and sensitive,” Mahlangu said.

Unfair discrimination

Labour law expert Andrew Levy agreed, saying the companies should have been aware of the employees’ cultural beliefs and should have been sensitive to it.

He said the fact that the employees had informed their employers, sought their permission and were willing to go for two months without pay shows how important initiation was to them.

Levy said it was not like the employer did not know where the employees were, saying they did not go surfing.

“I would expect a large company to be aware of this and should do their best to try to accommodate the beliefs and be sensitive. This amounts to unfair discrimination. Yes, the employees misconducted themselves but that is no grounds for dismissal. A final written warning would suffice,” Levy said.

He added that companies would have to come up with special leave for such matters as it is something they could not avoid or wish away.

Terry Bell, a labour law expert, said it is always hoped that traditional customs among workers will be respected by management but that management must be made aware of what the exercise of such customs entailed.

He said managers and human resources departments should liaise closely and not take apparently different positions.