As tensions run high across South Africa in the face of heightened instances of xenophobia, the Commission for Conciliation, Mediation and Arbitration (CCMA) has found in favour of a Liberian asylum seeker searching for work within our borders.

The young man – resident in South Africa for six years with supporting documentation and permits to allow him to work – was turned away from an employment opportunity “within the first two minutes” of his interview. The interviewer – herself a UK citizen – claimed the company “does not employ foreign nationals or asylum seekers”.

The CCMA ruled that the applicant was unfairly discriminated against and that the company had no legal grounds to turn the man away.

“The individual has resided in South Africa for more than six years and has had his work permits renewed 21 times while being employed elsewhere,” explained Nerine Kahn, Director of the CCMA. “Foreign nationals have similar rights to South Africans when it comes to the labour relations act and finding legal employment in the country. Employers who think otherwise are victimising foreigners.”Kahn’s statement coincides with the CCMA’s anti-xenophobia campaign commencement.

As indicated by the Commissioner in this matter “The mere fact of being an asylum seeker frequently means that, despite having usually been through extreme difficulties, suffering and trauma prior to arriving in South Arica, the individual is mistrusted, ostracised and not afforded an opportunity to be fully integrated into South African society,” Nerine Kahn, the Director of the CCMA agreed saying. “The numbers of xenophobic acts perpetrated of late against foreigners bears testimony to the inability of such people to be fully accepted into our society.”

Reliving the experience as part of proceedings, the Liberian applicant stated that: “despite being a man, I actually felt like crying when reliving the experience. I am a good man and the way (I was) treated … was too bad. I feel so hurt; I feel demonised; I feel I have no dignity because I am a refugee.”

Described as a powerful ruling in the country’s fight against xenophobia, the CCMA’s ruling included monetary compensation for the profound and shocking impact on the employee’s dignity. “The CCMA is firmly committed to equality in our society and will apply the law where found to ensure that there is no unfair discrimination in our society.” concluded Kahn.