The Casual Workers Advice Office (CWAO) says it has been flooded with calls from illegal-migrant workers who were allegedly dismissed, threatened or denied their labour rights as anti-immigration sentiment rises in workplaces across the country.
The non-profit organisation, which provides free legal advice and support to precarious workers, says migrant workers were reportedly told not to return to work on the days of the recent anti-immigration marches. Some received termination notices and were left without pay or accommodation.
The organisation says approximately 1 500 cases have been logged so far, with the most reports coming from farms and Chinese-owned companies.
Casual Workers Advice Office representative Andile Nyembezi said workers were being dismissed without following legal procedures.
“The sectors we are talking about are mostly Chinese-owned companies. So far, I think it’s about 1 500. They are told to leave and they are not given any retrenchments, no procedures are followed. They are told because you don’t have permits you have to leave, or else my company is going to be closed down or I’m going to be penalised. But those workers have been working with them between five and 15 years,” says Nyembezi.
He has emphasised that immigration status could not be used to strip workers of their labour rights, noting that courts had previously confirmed that documented and undocumented workers were entitled to the same protections under South African labour law.
Nyembezi says the situation was compounded by workers also being evicted from their accommodation, with some landlords giving them cut-off dates to vacate their homes.
The organisation says it was directing affected workers to its offices and connecting them with churches and humanitarian organisations for support, acknowledging that it was being stretched beyond its core mandate.
Nyembezi criticised labour federations and NEDLAC for failing to respond to the crisis, saying the urgency of the situation left little time for formal processes.
“Federations — it’s a pity they have said nothing about these matters and they have not been challenging employers at all. If we talk about going to NEDLAC, I don’t think there’s time for that, because people come to us now and they don’t have a place to stay,” Nyembezi says.
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