For the past few years, Dorcas had been working as a cleaner at an NPO that aims to uplift the lives of underprivileged children in Johannesburg. However, this haven of hope was under siege by the actions of the neighbours’ maintenance man, we’ll call him “Mr. Mwanga” (not his real name). Mr. Mwanga had a disregard for the sanctity of the NPO’s courtyard, often treating it as a dumping ground for his discarded bottles and rubbish. Dorcas would often clean after Mr. Mwanga, but after a while, Dorcas couldn't simply stand by and watch this beautiful space turn into an eyesore and a potential hazard for the children she cared so deeply about.
One sunny morning, Dorcas mustered her courage and approached Mr. Mwanga, kindly asking him to stop littering in the courtyard. She emphasized the importance of the safety of the children, and further explained to Mr. Mwanga that his actions were causing a dispute between herself and her employer as her employer often accused Dorcas of not cleaning the courtyard adequately. However, Mr. Mwanga dismissed her concerns repeatedly, so Dorcas decided to gather evidence of Mr'. Mwanga’s actions, taking photographs of the discarded bottles and rubbish strewn across the courtyard and shared this with her employer. Unfortunately, her actions did not sit well with the NPO's management. They were concerned that Dorcas’ disagreement with the neighbour’s caretaker might affect their image and potential funding. Despite Dorcas's; explanations and the overwhelming evidence she had garnered, they decided to terminate her employment, citing a breach of company policy by throwing the bottles back into the neighbours’ courtyard without proper authorization. Dorcas was devastated by the NPO's decision. She had hoped that her commitment to the NPO and the welfare of the children would be recognised and appreciated.
Nevertheless, Dorcas refused to let this setback deter her. She began researching her rights and options, and that's when she stumbled upon Jozi Justice and Naeem Dinat, a volunteer labour lawyer known for his tenacity and exceptional track record in labour matters. With a spark of hope in her heart, and armed with her documentation, Dorcas visited Jozi Justice and explained her situation. Impressed by Dorcas's; determination and the potential injustice she was facing, Naeem agreed to take on her case pro bono. Together, they meticulously gathered evidence, including records of Dorcas's employment at the NPO. As Naeem delved deeper into the case, it became apparent that the NPO had failed to follow proper procedures in dismissing Dorcas. They hadn't provided clear reasons for her termination, nor had they given her an opportunity to appeal or voice her concerns. Naeem believed they had violated employment laws, and he was determined to prove it. The case went to arbitration at the CCMA (Commission for Conciliation, Mediation and Arbitration), and Naeem presented the evidence he had gathered. He argued that Dorcas had been unfairly dismissed, highlighting her dedication, and the positive impact she had on the organisation's mission. The NPO's legal team attempted to defend their decision, but the weight of the evidence was against them. The Arbitrator ruled in favour of Dorcas. The NPO was ordered to compensate Dorcas and further requested to provide her with a positive reference letter in the event of reinstatement not being possible. Dorcas's story serves as a powerful reminder that standing up for what is right, even in the face of adversity, can lead to justice prevailing and positive change being realised. Her victory is not just a personal triumph for Jozi Justice; it is a triumph for all basic workers who face unfair treatment.
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