Media Statement 28th September 2011 Unfair Gender discrimation by Department of Correctional ruled wrong Department of Correctional Services in Western Cape appealed a Labour Court judgment which was on appeal on the 27th September 2011 at the Labour Appeal Court [Case No.CA 6/2010], on the unfair discrimination against Five Correctional Service Officials, who were wearing long hair allegedly because of the religion ‘Rastafarianism’. And the case was with reference to Section 187[1] [f] of the Labour Relations Act which says “that the employer unfairly discriminated against an employee, directly or indirectly, on any arbitrary ground, including, but not limited to, religion, conscience, belief, culture or gender”. The Appellants; DCS and the Area Commissioner Pollsmoor appeal against the decision of the Labour Court .The Respondents; members attached to Pollsmoor as employees, with varying periods between 7 and 14 years were dismissed in June 2007, on the grounds that they wore their hair in ‘dreadlocks’ and refused to cut their hair when ordered to do so. None of the Respondent had any prior disciplinary infractions, and al of them had worn their hair in dreadlocks at work for some years before they were ordered to cut them. On the 26th January 2007 the Area Commissioner suspended these members on the grounds that they do not comply to the Departmental Dress Code and subsequently charged with the following capturing on the body of the charge sheet, “You are alleged to have contravened the DCS Disciplinary Code and Procedure Resolution 1/206 [a]in that on or about 19th January 2007,you contravened the Department of Correctional Services dress code by wearing/keeping dreadlocks on official duty at Pollsmoor Management Area”. Paragraph 5.1 of the Dress Code says“the hair may not be longer than the collar of the shirt when folded down or cover more than half of the ear. The fringe may not hang in the eyes. The hair may not be dyed other than the natural colour, including ‘Rasta man hairstyle”, for men. POPCRU argued that their dismissal was tantamount to unfair labour practice which amounted, also to automatically unfair dismissal in terms of section 187[1] [f] of the LRA. It was argued that many women official were wearing dreadlocks yet nothing was done about it. It was contested that this amounted to gender discrimination as the ‘Rasta man hairstyle’ provision on the Dress Code applied only on male officials. It was argued that there is “no rational connection between a ban on dreadlocks hairstyles and the achievement of greater probity by correctional officers and the security t the prison and that also there is no rational basis to the apprehension that Rasta hairstyles lead to ill-discipline”. The Labour Court Appeal by the Employer herein referred to as DCS was dismissed with costs and including, the costs occasioned by the employment of two counsels. And POPCRU has welcomed the judgment as part of building sound labour relations milieu in the Department. For Enquiries: POPCRU General Secretary-Cde Nkosinathi Theledi 0825677803 Issued by: Mampane Norman National Spokesperson Police and Prisons Civil Rights Union Tel: 0112424600/4615 Cell: 0720737959 Email: [email protected] www.popcru.org.za 01 Marie Road Auckland Park 2006
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