13 November, 2008

SWAZILAND: Gerry Tsabedze, "The poor have rights, but they don't know them"

MBABANE, 13 November 2008 (IRIN) - Gerry Tsabedze, 40, has made it his mission in life to help unfairly treated Swazi workers find legal redress.
"The poor have rights, but they don't know their rights, and even when they do know that some laws protect them, it is difficult for a poor person to find a lawyer. The problem is money - lawyers are expensive - that is where we come in; we help workers with problems.

"I am an administrative assistant for the Swaziland Process Refining and Allied Worker Union - SPRAWU - but the Industrial Court allows us in this office to argue on people's behalf.
"It is like we are lawyers, even though we don't have formal legal training. Lots of times we are up against lawyers, but they don't know labour law. We know labour law; we can advise people what to do.
"We help mostly people who are unfairly dismissed from their jobs. Jobs are hard to find, and it is easy for an employer to fire someone because he knows he can find someone else. That is why laws are there - to protect workers.
"But there are other issues. Employers may not wish to pay a woman maternity leave, so they dismiss her if she falls pregnant, or they deny sick leave or compassionate leave. And there is always the matter of underpaying workers' salaries, giving them less than the law stipulates.

"Our office is in Manzini, and this is the main commercial town of Swaziland because it is next to Matsapha [industrial estate], where the factories are. Anyone can come to us; workers from all industries come with problems, and also domestic workers and other people who are not treated right on the job.
The problem is, the Industrial Court is very backed up. Myself, I was unjustly dismissed from work in 1996, and the case did not come before the court until 2001. We have a case now where 37 workers were dismissed, and the case is from 2005.
"That is why we always try to get the employer and employee together to talk things out and reach an agreement."

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