IN A GROUND-breaking judgment, the Labour Appeal Court found that calling someone a “white racist” does not, in itself, constitute racism.
The court ordered Namaqua Wines to reinstate Vuyani Qomoyi, finding that his dismissal in 2021 for allegedly “displaying racist behaviour” was substantively unfair.
This is after the Commercial, Stevedoring, Agricultural and Allied Workers Union (Csaawu), acting on behalf of Qomoyi, appealed the Labour Court judgment which had confirmed his dismissal
Qomoyi, a shop steward, was fired because he had referred to his superior, a Mr Meyer, as a white racist.
“Being referred to by one’s racial classification cannot on its own amount to racist tendencies,” Acting Judge GN Moshoana said.
Qomoyi, while busy with his duties, was called by Meyer to accompany him to the human resources office. He…
