VERDICT: Outrage over woman getting fired for wearing heels to work
Updated | By Stacey & J Sbu
Here is what you need to know about this case in South Africa!
A court case in South Africa has opened up some interesting questions about the distinction between employee dissatisfaction and non-compliance.
We've always known about the inequalities of what is considered "appropriate" dress code around the world, however this seems unreal.
BusinessTech reported: "In a recent judgment, South Africa’s Labour Court reinstated an employee who had been dismissed for voicing her dissatisfaction with the company’s policy on wearing high-heeled shoes on mining premises."
Read More: Mzansi show no sympathy for man who got fired - and jailed - over fraudulent sick note
As one can imagine, this story sparked outrage with women all over South Africa - and rightfully so!
According to legal firm Webber Wentzel, the case was based on the need to distinguish between employees expressing their dissatisfaction or grievances in the workplace and conduct that is considered to be a challenge of authority and willful defiance of workplace rules.
Read More: Do you invite your work colleagues to your personal events?
So, how did this conflict begin?
Allegedly in June 2015, the company adopted a policy in conjunction with the Mine Health and Safety Act (MHSA).
This policy stated that high heels and open shoes were not to be worn by its employees.
However, this policy was ambiguous because it did not mention where exactly on the premises the high heels and open shoes were not allowed to be worn.
Read More: #MentalHealth: Are these factors at work affecting your health
The court ruled that there was no evidence that the employee deliberately challenged the authority of her employer or willfully defied the policy.
Furthermore, the court stated that the employee was not guilty of incitement and that the case was not justifiable on any basis.
#Winning!
Do we know the South African labour laws that are designed to protect employees?
If you'd like to know more about South African labour law, check out more information by clicking here.
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