A social worker who worked at a school for physically disabled children in Katlehong for years, but was told that she did not understand the children’s culture and language, turned to the Labour Court in terms of the Employment Equity Act, as she said management discriminated against her.
Melissa Padayachee (plaintiff) said things at the school became so bad that it physically and emotionally took its toll on her.
She said she had lodged complaints for years, but these fell on deaf ears.
Judge Reynaud Daniels, sitting in the Johannesburg Labour Court, awarded her R50 000 compensation, payable by the department, and ordered the department to complete an investigation into her grievances by February.
He remarked that the plaintiff presented herself as capable, diligent, and committed to giving her best, both to the school and its learners.
She asked for damages from the department for the discriminatory conduct by its senior managers and officials.
Despite having been served with the plaintiff’s statement of claim, the department failed to file a response, and the matter went ahead as a default judgment.
The plaintiff testified that she worked since 2013 as a social worker at the school. Given its location, the vast majority of learners are black and African. She is the only person of Indian descent at the school.
She said previously she experienced few difficulties at work. However, in May 2022, acting on instructions, she met with the recently appointed head of department.
The plaintiff said she was told that the head intended to appoint an auxiliary social worker to assist her in overcoming “language barriers” which prevented her from properly performing her duties.
This came as a shock to the plaintiff, and she told the head of the department that she had no difficulties performing her duties, and it was unnecessary to appoint an auxiliary social worker.
But she was told that she “did not understand our children and their culture”.
The plaintiff testified that afterwards, two of the foundation phase educators refused to refer learners to her, and they too said, “you do not understand our children and their culture”.
The department indeed appointed a social worker, ostensibly to assist the plaintiff, which she said lacked a job description, had little experience, performed few functions, and was largely unhelpful.
When she complained, the department undertook to investigate the matter but took no concrete steps to do so.
At that time, the plaintiff also filed a grievance in which she complained that she was being discriminated against. Neither the grievance nor the investigation has been finalised more than two years later.
As a result of this harassment, the plaintiff said she considered resigning but decided against it because she enjoys assisting and counselling learners.
The plaintiff, who broke down in the witness stand, testified that the officials’ conduct had traumatised her, forcing her to seek help.
Judge Daniels commented that discrimination, on the basis of language, in the context of education, is a complex issue. One may assume that educators prefer to teach in their mother tongue, and learners prefer to learn in the language of their choice, but to dismantle racist ideologies and practices, the state promotes diversity among both learners and educators, he said.
Judge Daniels added that the impact of the offensive conduct was to ostracise the plaintiff and create a hostile and intimidating work environment.
“The abuse of power by the officials constituted discrimination, in the form of harassment, based on race, culture, ethnicity, and language.”
The conduct of the officials was not only unprofessional but also incompatible with the values of our constitutional order based on values of non-racism, equality, and dignity, the judge said.
zelda.venter@inl.co.za