Eskom studying verdict against board member for racist, sexist comment

Power utility Eskom says it is studying a potentially damning verdict against newly-appointed board member Mark Lamberti‚ who has been found to have been sexist and racist towards a black female employee.

Lamberti‚ the CEO of Imperial Holdings‚ has been found to have wrongfully impaired the dignity of a highly qualified and experienced senior black female staff member‚ by referring to her as “a female employment equity” candidate.

Adila Chowan‚ a former employee at Imperial’s subsidiary‚ Associated Motor Holdings (AMH)‚ brought a court application against Lamberti last year after she was fired in September 2015 over allegations of misconduct. The North Gauteng High Court has now found her to be a credible witness‚ who gave reliable evidence about how she was side-lined from being appointed as company CFO – despite promises made to her by Lamberti.

Eskom spokesman Khulu Pasiwe said the power utility was not in position to comment at this stage.

“The Eskom board will study the court ruling before making any public statements on this matter‚” he told TimesLIVE.

The North Gauteng High Court found that Chowan proved that she suffered damages as a result of Lamberti and AMH’s conduct. They tried and failed to have her claim thrown out of court.

Chowan said Lamberti later made her feel like the only reason she’d been employed within the Imperial Group was because she was an “equity employment employee”.

“I had built my career. I had been a CFO. I had acted as a CEO. All those achievements were not being recognised‚ apart from the fact that I was now being objectified in terms of being a female employment equity candidate‚” she testified.

Chowan lodged grievances about Lamberti referring to her as a female employment equity candidate‚ saying she wanted him to apologise. She further complained about group CFO Ockert Janse van Rensburg‚ who she said suggested to her that she’d been given a brown company car because it matched her skin.

He allegedly said he had a white vehicle because it matched his skin. Janse van Rensburg denied saying this‚ but the high court has found this denial “implausible”.

Chowan was summarily suspended after she lodged these complaints – a move that the high court found was not plausibly explained by Imperial Group senior leadership.

Judge Pieter Meyer said it was indisputable – based on AMH’s almost entirely white male senior management at the time of Chowan’s employment – that the company had “fared very badly in redressing the imbalances and wrongs of the past”.

Lamberti’s lawyers had claimed that Chowan wasn’t given the position of CFO as she was inexperienced.

“On 20 June 2014‚ during a meeting… the third defendant (Lamberti) indicated to the plaintiff (Chowan) that he would like nothing more than a person of colour to be appointed as CFO but that she would require a few years to develop for purposes of a leadership position and that efforts would be made to facilitate her development.”

But Lamberti chose not to testify in the case‚ in which Judge Meyer found Chowan to be a “singularly impressive witness”.

Chowan who was employed by AMH between 2012 and 2015‚ is suing Lamberti‚ Imperial and AMH for more than R23-million‚ which includes the R1.9-million annual salary and R886‚000 in annual benefits provided for in her contract. She had six years left to go on that contract before her employment was terminated in September 2015.

She’s also claiming R5-million for her loss of dignity‚ suffered as a result of Lamberti’s comments.

Judge Meyer has now found that Chowan has proved that she suffered damages as a result of Lamberti and AMH’s conduct. What she’ll be paid out‚ however‚ is yet to be determined.