Ruling is a ‘victory for asylum seekers’

Cape Town. 150426. Bill Tarpeh speaks about his discrimination ordeal suffered recently. Reporter Lisa. Pic COURTNEY AFRICA

Cape Town. 150426. Bill Tarpeh speaks about his discrimination ordeal suffered recently. Reporter Lisa. Pic COURTNEY AFRICA

Published Apr 27, 2015

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Lisa Isaacs

IN AN outcome hailed as a victory for the rights of asylum seekers, the CCMA has ruled in favour of a Liberian man living in Parow after he was turned away from a job interview because of his status as an asylum seeker.

After he arrived for an interview in February at call centre company Full Circle Contact Centre Services, trading as Capita SA (Pty) Ltd, Bill Tarpeh, who has been living in South Africa for six years, was told he could not be given a job as he was an asylum seeker and that it was against the company’s laws.

But in CCMA commissioner Madeleine Loyson’s ruling last week, she found Tarpeh had been subjected to “unfair discrimination”.

“Having the status of asylum seeker was used (or misused) in the past to categorise, marginalise and oppress persons who have been associated with these attributes.

“The mere fact of being an asylum seeker means that despite having usually been through extreme difficulties, suffering and trauma prior to arriving in South Africa, the individual is mistrusted, ostracised and not afforded an opportunity to be fully integrated into South African society. Society frequently shuns or abuses asylum seekers, especially in the area of employment,” she said.

She said in South Africa, there was a major problem today concerning the presence of foreigners. “The state of affairs reflects the fact that foreigners… are viewed as somehow not being equal… having less dignity and being unworthy of an opportunity to (be) absorbed into society,” Loyson added.

She said the statement of the company had impacted on Tarpeh’s dignity and resulted in a sense of marginalisation. She also ruled that the company pay him R5 000.

Tarpeh – the breadwinner of his household, supporting his wife and three children – said he felt demonised and left without dignity.

He had to halt his financial analysis and portfolio management studies course at UCT until he could pay tuition fees and complete the course, which the job would enable him to do.

“This is what we as foreigners face. Why would you want to deny people with skills who want to contribute? These opportunities are so important for refugees and asylum seekers to be reintegrated into society,” he said.

“We are discriminated against in the workplace.”

Braam Hanekom, of People Against Suffering, Oppression and Poverty (Passop), said asylum seekers had the legal right to work. “This is a powerful judgment. And it is an important one at an important time. We as a country have to show that we are against xenophobia and protect the rights of those who are vulnerable. This judgment ultimately sets a precedent,” he said. The judgment would send a clear message to businesses which refused to hire foreign workers.

Capita SA said it would be considering its options in response to the decision.

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