Fired for Being Foreign - How Employers Gave in to March and March Threats

• The Casual Workers Advice Office (CWAO) reports a sharp increase in xenophobic labour practices and dismissals targeting immigrant workers in Gauteng.
• Many dismissed workers, including those with valid documentation, lost their jobs after anti-immigrant groups like March and March pressured employers.
• Employers often fail to provide proper notice pay, accrued leave, or cooperate with UIF claims for dismissed immigrant workers.
• The CWAO is assisting over 100 cases since June, including `CCMA immigrant worker cases`, highlighting widespread exploitation and legal challenges.
• The situation poses significant legal risks for Gauteng employers regarding unfair dismissal and discrimination claims.

The fact that many of the dismissed workers, such as Rejoice Moyo, Mbombo Nana, and Sylvia, possess valid permits, refugee papers, or other legal documentation, underscores the increased legal risk for employers who succumb to xenophobic pressure.

The Casual Workers Advice Office (CWAO) has documented a significant surge in reports detailing xenophobic labour practices across Gauteng. This alarming trend includes numerous instances where immigrant workers, many holding valid documentation, have faced dismissal or suspension from their jobs. The CWAO, based in Germiston, is currently managing a substantial caseload of these incidents, highlighting a widespread issue impacting the region's workforce.

One prominent example involves Rejoice Moyo, a Zimbabwean national who has resided in South Africa for 17 years. She was abruptly dismissed from her sales consultant position after members of the anti-immigrant group March and March visited her workplace on June 10. A supporter of the group explicitly informed her employer that "These foreigners you are hiring must be gone," referencing a June 30 "deadline" for undocumented immigrants to leave the country. Despite Moyo possessing legal documentation for living and working in South Africa, her employer proceeded with her dismissal and that of a colleague, reportedly attempting to compel them to sign resignation letters falsely attributing their departure to fear of March and March. Moyo received payment only for the days worked in June, without any notice pay or accrued annual leave.

Similar incidents underscore the pervasive nature of these `March and March xenophobic dismissals Gauteng`. Mbombo Nana and Sylvia, both refugees from the Democratic Republic of Congo who have lived in South Africa for over a decade and possess legal work permits, were also dismissed after individuals appeared at their workplaces demanding that only South African citizens be employed. Sylvia recounted being pursued by a mob shouting "Abahambe!" (They must go), a phrase commonly adopted by anti-immigrant factions. Monica Chifamba, a single mother from Zimbabwe who arrived in 2010, also lost her job without receiving due payment, leaving her struggling to provide for her two children and cover essential expenses like rent and school fees. She frequently endures demands to "go back to Zimbabwe" and has previously encountered xenophobia.

The `xenophobic labour practices Gauteng` are exacting a severe human and economic toll on immigrant workers. Raphike Bado, a Malawian immigrant with many years of work experience in South Africa, articulated a common sentiment among those affected, stating, "They used us and threw us away when they were done." Many individuals have been unable to work since the period leading up to the June 30 "deadline," leading to the complete depletion of their savings and rendering them unable to afford travel costs to leave South Africa.

Gugu Moyo, the immigrant liaison officer at CWAO, expressed deep concern, noting that `immigrant worker unfair dismissal South Africa` cases reveal workers "are being treated as less than human" and subjected to exploitation. She fears that this situation has "no end in sight," attributing the ongoing crisis to politicians and anti-immigration "activists" who continue to scapegoat immigrants and propagate hatred. Moyo emphasized that these individuals are "ordinary people just trying to create a life here like all of us." The CWAO has taken on over 100 cases since June alone, involving Gauteng workers who have been fired, suspended, or otherwise prevented from performing their jobs.

Beyond dismissals, the CWAO has documented broader patterns of exploitation, including low wages, unpaid overtime, and unsafe working conditions. Rejoice Moyo, whose story is one of two dozen shared with GroundUp at the CWAO Germiston office, conveyed the profound sense of insecurity felt by many: "We can no longer trust anybody. If you are a foreigner, whether you have documents or not, you fear for your life." The `Casual Workers Advice Office CWAO` has also extended assistance to hundreds of immigrants seeking help with contacting embassies, resolving documentation issues, or arranging repatriation.

The escalating number of `immigrant worker unfair dismissal South Africa` cases, particularly those influenced by `employer threats immigrant workers ZA`, presents significant legal and ethical challenges for businesses in Gauteng. A critical issue highlighted by the CWAO is the inability of many dismissed immigrant workers to successfully claim Unemployment Insurance Fund (UIF) benefits, despite having contributed to the fund. This failure is primarily due to employers refusing to cooperate with the necessary processes, effectively denying workers their rightful entitlements.

The `Casual Workers Advice Office CWAO` is actively assisting affected individuals with `CCMA immigrant worker cases`, indicating a growing wave of disputes that employers will need to address. The fact that many of the dismissed workers, such as Rejoice Moyo, Mbombo Nana, and Sylvia, possess valid permits, refugee papers, or other legal documentation, underscores the increased legal risk for employers who succumb to xenophobic pressure. Dismissing legally employed individuals based on their nationality or perceived foreign status constitutes unfair dismissal and discrimination, carrying substantial penalties under South African labour law.

This situation necessitates that lawyers advise Gauteng employers on the heightened legal exposure associated with such actions. Compliance officers must ensure that human resources policies are robust enough to protect against discriminatory dismissals and that all employees, regardless of origin, are treated fairly and in accordance with labour legislation. Employers must be prepared for potential CCMA disputes and the consequences of non-compliance with labour benefits like UIF, as the CWAO continues to champion the rights of these vulnerable workers.

Lawyers should advise Gauteng employers on the increased legal risk of unfair dismissal and discrimination claims when succumbing to xenophobic pressure to dismiss immigrant workers, even those with valid documentation. Compliance officers must ensure HR policies protect against such actions and prepare for CCMA disputes and non-compliance with labour benefits like UIF.

Source: Original reporting via GroundUp