By Zuko Komisa
One of the least spoken topics in many organisations is the use of umuthi/traditional spells in the workplace.
Did you know that the use of muti or traditional preparations to intimidate, scare or threaten a colleague constitutes misconduct and employers have the right to “remove such purveyors of darkness from their environment”?
There have been a number of recorded cases of people that have had to undergo disciplinary hearings following a discovery that they had used umuthi/traditional spells.
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Kaya Biz with Gugulethu Mfuphi spoke to Boniwe Dunster – HR Specialist on what South African labour law says about the use of umuthi/traditional spells in the workplace.
LISTEN TO THE FULL CONVERSATION HERE:
Dunster spoke about how such practices breach the relationship of trust and good faith between an employee and his employer, particularly because it threatens the safety of other employees in the workplace
“It would be regarded as a transgression if the usage thereof is considered as putting another employee or the work environment at risk from a health and safety perspective. “
“Remember, each and every employer by legislation has to provide a safe working environment to their employees, and should there be instances where that is threatened, then the employer has to take certain actions to ensure the safety of fellow employees.
Dunster also spoke about the importance of having proof when you take the matter to HR.
“The one who claims that against another person needs to provide proof, obviously it will be difficult for an employer to attend to every claim… but there has to be evidence or proof that an employer can actually work through to address such issues.”
Dunster also unpacked NASARIEU obo Mngomezulu v Tongaat Hulett Sugar Limited (Darnall) (case no. NBCS5-15, 15 June 2016), a case which was brought to an employer’s attention following allegations of the use of umuthi/traditional spells in the workplace.
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