REINSTATED BY PRASA AFTER SHE DEFENDED HERSELF AGAINST MALE COLLEAGUE

The Commission for Conciliation, Mediation and Arbitration (CCMA) ruled that the Passenger Rail Agency of South Africa (Prasa) must reinstate a female ticket official after she was unfairly dismissed for defending herself against a male colleague.

Nokuthula Majudelela (45), who has been a loyal member of the United National Transport Union (UNTU) for the past seven years, believes she was victimised and targeted with a much harsher sanction than her colleague, because she was an elected UNTU Trade Union Representative at the Benoni Station who stood her ground.

Her ordeal started on 18 January 2016 when she and a member from a rival Union had an argument in an office. The man threw a cell phone at Nokuthula, which broke her teeth. She retaliated by throwing an ashtray at him in self-defence.

Although Prasa initially suspended both employees, only Nokuthula was dismissed while the colleague got a final written warning applicable for 12 months. UNTU declared a dispute for an unfair dismissal on Nokuthula’s behalf.

The Commissioner agreed with UNTU and ruled that Nokuthula had to be reinstated and must receive back pay.

According to the mother of three children the year she spent at home was very stressful. Her siblings had to provide for her and children.

“I was so stressed out, but I never stopped believing in the team who represented me. I had faith in them that they would see to it that justice is done,” she says.

Andries van Zyl, Secretary of the Prasa East Branch in Gauteng, and Freddie Grobler, Chairman of the Branch, represented her.

According to Andries it was a difficult matter to handle, as management took all the witnesses they wanted to use on Nokuthula’s behalf and it was clear that they were intimidated.

Grobler warned members that prevention is better than cure. “If you are assaulted, rather just walk away from it, report the incident to you supervisor and report the incident to your Union representatives. Assault is a very serious offence in Prasa,” says Grobler.

Issued on behalf of UNTU by Sonja Carstens, Media and Liaison Officer.