Axed Muslim woman keeps headscarf - and job

Published Aug 14, 2006

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By A'eysha Kassiem

In what has been described a "landmark case", the Muslim social worker axed by her bosses for wearing a headscarf at work has been reinstated by the department of correctional services.

Fairouz Adams is to be paid her salary in full from the date of her dismissal and is to return to work wearing "civilian clothing" under a settlement reached out of court between the department and Muslim Judicial Council (MJC) on Friday.

Adams, a social worker at a Worcester prison, was dismissed after Correctional Services found she had "flouted departmental policies" by wearing a headscarf with her uniform.

For religious reasons, she also refused to tuck in her shirt. Muslim women are required to cover their hair and dress modestly.

The matter was taken to the Commission for Conciliation, Mediation and Arbitration (CCMA), where it was referred to the Labour Court but settled before it could go to court.

Muslim Judicial Council (MJC) spokesperson Nabeweya Malick said on Sunday that under the settlement, Adams and the MJC were to make a presentation to the department within six months on how it could amend its dress code.

Adams was to be exempt from wearing the department's uniform until an agreement has been reached on the dress code. She is to resume work before September 1.

"This is a landmark case for the Muslim community in South Africa," said Malick. We hope this case will give Muslim women confidence. We commend the department."

Adams said: "I am absolutely elated... I hope this will give women the power to stand up for their rights. Muslim women should use their headscarves (as a way of saying) they have rights."

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