According to Zulu cultural custom, the ‘son’ was his late brother’s child and the ‘mother/s’ had been his late father’s second wife and his aunt. File picture of rural KwaZulu-Natal.The Labour court has found that a man who claimed compassionate leave for the deaths of women he described as his “mothers” and a relative he called a “son”, under cultural customs, was not dishonest.
“Explained in Western terms and that of the policy, the ‘son’ was Mr Njilo’s late brother’s son and the ‘mother/s’ had been his late father’s second wife and his aunt,” Whitcher said in the ruling. According to the company’s policy, the employee may be required to provide an affidavit indicating the relationship between the employee and the deceased person.Whitcher said the arbitrator accepted Njilo’s version, which in broad terms is that he knew, from a colleague, that one could apply for compassionate leave when a family member dies.
The employer subsequently applied for a review to the labour court, challenging the arbitrator’s finding. The arbitrator found the sanction of dismissal grossly inappropriate given the unique circumstances of the case.
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