star.gif

 

 

Sex at work is the crucial issue here

 

 

Eusebius McKaiser, The Star, Johannesburg, 19 August 2013

 

It was fascinating watching Cosatu boss Zwelinzima Vavi on Friday as he took
on his organisation for suspending him. Not once was the labour issue that
is the basis of the suspension addressed, the small matter of having sex at
work.

 

Even the question-and-answer session was dominated by a focus on the wider
South African political context rather than the nexus issue of sex at work.
Let's examine what's going on here.

 

In essence, Vavi called a media briefing on Friday to say the correct
process hadn't been followed when Cosatu convened an urgent meeting of its
central executive committee.

 

He then quickly and with oratorical skill moved on to paint a picture of
politically motivated opponents out to get him and other brave South
Africans like Numsa's Irvin Jim.

 

Along the way, quotes from, and comparisons with, the likes of one Jesus
Christ, Nelson Mandela and Martin Luther King Jr made cameo appearances too.

 

For a brief moment (as it were) I thought I was watching a parody of US
politics. But this is the South African version, and Vavi sure is
charismatic, though perhaps Friday had tinges of melodrama.

 

But here's the crux of what was odd. Not once did Vavi address himself to
the question of whether having sex at work is against workplace regulations
and, if it is, whether he thinks he should be sanctioned by his employers
for having sex at work.

 

Does Vavi think such sanctioning would be appropriate as a matter of good
labour practice and precedent? I wonder.

 

I think it's odd because he is the head of - wait for it - a labour
movement. Yes, it is also a political movement that is in alliance with the
governing party. But its reason for existing, ultimately, is to promote the
rights of workers, which includes attending itself to workplace conditions.

 

This was an opportunity to address workplace law regarding sex. Instead,
Vavi conveniently restricted himself to the political motivations of his
opponents who are benefiting from his poor judgment. Why not address both
issues?

 

He came close, though. He said to one reporter that his organisation doesn't
have a policy against extramarital affairs and, at any rate, he has
acknowledged what has happened, and apologised for it.

 

This is a disturbing response from a labour movement boss. The issue now
isn't about extramarital affairs, nor about cheating on one's wife - not
from a labour law viewpoint at any rate. That is a matter of morality, about
which reasonable people can disagree.

 

The crux of the matter is dead simple. He had sex at work. That alone
justifies suspension of any employee.

 

We should not confuse a discussion about cheating on a spouse with a
discussion about whether sex at work is a legitimate ground for suspension
in terms of our labour law framework.

 

Why does a labour boss conflate these issues? Well, I guess it's convenient,
especially because, if you make it a moral issue, you can then say, "But I'm
not the only one who does immoral things! What about JZ!"

 

It is, to drum home the issue, about where the sex took place. Some of us in
the media aren't helping by reporting the issue wrongly. We keep insisting
that Vavi has been suspended for having admitted to an extramarital affair.
That is inaccurate. It is sex at work that damages Cosatu's reputation.

 

Here's a final attempt to make the point: If Vavi had sex at work with his
wife, Cosatu would still be correct to suspend him. In that sense, it is
irrelevant that he had an extramarital affair. That is why it's crucial to
distinguish the moral qualms we may or may not have about cheating from the
issue of sex at work.

 

Last, are the political issues that many obsess about irrelevant? Not at
all. There are, to use Vavi lingo, political hyenas waiting to feed off his
political carcass. They are out to get him. It's called politics. Many
individuals would love to see Vavi's downfall, and this motivates them more
than my discussion here about sex at work.

 

Furthermore, many of these political opponents are inconsistent, of course.
They don't move quickly to discipline individuals they like or who are
allies when these others also commit the same or worse personal or
professional sins.

 

Again, such is politics. Consistency isn't a political virtue. But we know
that.

 

The bottom line, I'm afraid, doesn't help Vavi. Badly motivated cases can
still have merit in law. In this case, the simple matter of sex at work,
which he did not address on Friday, anchors the suspension, legally.

 

* McKaiser hosts Power Talk With Eusebius McKaiser on Power FM 98.7 daily
from 9am to noon. He is author of best-selling essay collection A Bantu In
My Bathroom.

 

** The views expressed here are not necessarily those of Independent
Newspapers.

 

 

From:
http://www.iol.co.za/the-star/sex-at-work-is-the-crucial-issue-here-1.156425
9#.UhHo7ZIwfmg

 

 

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