If I told you that I trust her more than some of my own family, you probably wouldn't believe me unless you saw her sitting at my dining table last Saturday.
I hand her another piece of French Toast fresh out the oven and as I gingerly pour Maple syrup over it for her, she smiles sweetly in appreciation. Its her first time eating this Westernised food, and I'm sharing it with her because she's more than my domestic worker, she's my friend.
Dudu* has been with us for just over a year. I'm aware that she is an asylum seeker because she has shown me her expired papers. My efforts to assist her with full time employment finds her at 3 of my immediate friends homes during the week including my own home on Thursdays. I trust her implicitly, so much so that she's got the keys to my front door and a remote to our complex gate. She comes in when she feels like it and she leaves when the work is done. I don't mind what time that is, so long as she puts in the hard work I know she has delivered over and over again.
As I look back on last Saturday I'm troubled by the thought that the missing genuine pearl necklace, 2 rings, Diamante earrings and a Fossil watch still haven't been found. I must have misplaced these things myself, well at least I thought as much, until I called my friends to enquire if they had experience any losses since her employment.
Writings On The Wall
Tracy* confirms a missing iPod and gold earrings. On investigation she discovers R600 missing from her new born babies piggy bank. I'm in denial. Dudu hasn't got it in her to steal, why would she? Her 3 kids rely on her employment and her stay in South Africa.
The only thing that makes sense is to contact Justine* to if she has anything missing. She confirms a missing mens watch, iPod and camera. My heart sinks, not my Dudu.
Further enquiries found similar items missing, jewelry camera's, iPods. A very sad day for me indeed. I feel betrayed and as if I'm responsible for my friends' lost items.
Knowing Their Rights - And Yours
Obviously I need to follow a course of action, but where to from here? I call the Department of Labour, the Department of Home Affairs, the CCMA and the Council for Refugee's in South Africa. Here's the consensus:
1. Your asylum seeker can be deported without valid papers - this would mean you would need to contact the Department of Home Affairs and the South African Police Services to lay a charge of theft.
2. Your asylum seeker - valid papers or not - has rights through the CCMA. This means that even though deportation is a threat, your asylum seeker has the right to a disciplinary hearing, paid out leave days and paid suspension.
3. Your domestic worker (South African or not) cannot be accused of theft without evidence. This means that the only way you can get rid of her is to have a disciplinary hearing requesting where the items have gone while she was responsible for the home.
4. If the asylum seeker goes to the CCMA you are liable for a fine for employing someone without valid papers.
5. Even though your asylum seeker has rights, they are expected to behave themselves in our country and theft is taken very seriously. The law is on both sides but sways towards South African employer's.
6. The CCMA recommends a hearing with a witness present for both parties. The asylum seeker needs to have a minimum 48 hours notice.
7. In the event that the asylum seeker doesn't have papers and you tell them you "Can't afford them anymore" to avoid conflict, be sure you haven't confronted them beforehand as the suspicion of an unfair dismissal can lead to CCMA action.
8. Note to self: Get asylum seekers full name and surname, document number (there are various types of asylum seeker documents for different duration's and reasons). Be sure to get physical address and note that a contract with the domestic worker ties you to relevant contractual obligations.
9. Be suspicious of asylum seekers with invalid papers. The larger the gap between documents the more cause for alarm.
10. When suspecting theft from any form of domestic worker, get video footage as proof. Theft is cause for an immediate dismissal, suspension has to be paid out before a disciplinary hearing date has been set - extra funding.
Case Closed
So Dudu is gone. She has defended her actions with aggressive sms replies telling me she's "repeating herself" and that she "can't take it anymore". You know the kind of response you get from a guilty party? Ya, that kind of behaviour.
Saturday we will meet with her to confront her, we may very well have to go to the SAPS to lay a case and claim for the missing household contents. Problem is that you can't get back the sentimentality, the personal treasures and the heartbreak. I've lost a friend, but then again friends wouldn't lie to your face.
*Names changed
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