Mohamed Ameen Dabhelia – 2016-08-11

The Muslim Lawyers Association says they will investigate allegations made by two Muslim students that they lost their internship as chefs at the Tsogo Sun’s Elangeni and Mahrani Hotels in Ethekwini because they refused to shave their beards.

The two young men revealed to Radio Islam that they were denied from continuing their internships at the two Hotels in KwaZulu-Natal after allegedly refusing to shave their beards in what is believed to be the latest case of alleged discrimination in South Africa.

In an interview with Radio Islam this morning, in reaction, the Muslim Lawyer’s Association’s Yousha Tayob said they will contact the students for their version of what happened.

He added that when they have both sides of the events, they would be able to release a statement saying that they need to investigate the job description as set out by the hotel.

“In order to be a doctor, you had to have qualified with the requisite degrees and done the internship, similarly to becoming a lawyer, so if not having a beard is inherent with being a chef, which would be a problem, however, there is no inherent requirement for a chef not to have a beard,” Tayob said.

He says there are a number of issues which include on whether to take the matter to the labour court or the equality court.

The students were allegedly threatened by Shaun Munro, a renowned South African chef and current executive head chef of both the hotels, who was approached for comment by Radio Islam, but declined on legal advice.

It is alleged that Munro demanded that the students shave their beards, or leave the internship program.

The two students, Yusuf Mohammed and Huzaifah Mohideen are currently enrolled at the Capsicum Culinary School, studying to become chefs.

According to the student’s parents, at no point prior to the interview or during the interview was it made known to them that having a beard would render them non-eligible to work at the hotel.

“On the contract I signed, it did not mention anything about my beard, and the rule book states to keep hair neat and tidy, and says nothing about the beard,” according to Yusuf.

However, the hotel claims in a statement, “that upon arrival at the hotel prior to commencing their training, they were issued with the hotel’s internal policies which also refer to restrictions on facial hair.”

It’s been alleged by Huzaifah’s father that the General Manager of the two hotels Samantha Croft made a statement of a bearded chef and a ‘burqaa wearing woman (wearing a scarf/hijab clad) not able to work or ‘make’ it in the industry.

Huzaifah worked at the Maharani hotel for approximately 6 weeks and Yusuf was told on the day that he was to start his internship at the Elangeni Hotel that he had to either shave his beard or would have to leave.

When Yusuf’s mother Raadiah contacted Munro, it’s alleged that he made a statement which was anti-Muslim, discriminatory and biased toward her son and Huzaifah.

However, the hotel has denied this claim in a statement to Radio Islam.

“At no stage did the Executive Chef, Shaun Munro, state that he does not care about Muslim beliefs or disrespect Muslims or their faith,” the statement read.

Tayob says that although the students were presented with contractual agreements, they were not made aware that they could not ‘don’ beards.

He says that at the end of the day a hygiene requirement is a hygiene requirement.

“But, this does not mean that a beard is unhygienic.”

He added that this was not the only issue at stake, but rather inherency of what the job requirement entails.

Tayob says if the rule is not an inherent requirement of the job, the conduct can be rendered discriminatory. 

It is also at issue whether the students signed a contract in which they agreed to a stipulation with regards to beards, whether it can be contractually litigated or whether there was a misrepresentation of fraud or duress.

This may mean that a court can overrule the clause if the rule is not an inherent requirement of the job and discriminatory even if the employee has signed the contract.

Twitter: @thedabhelia

(Edited By Hesley Harmse)