Waitress’s Babel video sparks restaurant raids and debate on hospitality industry exploitation

At least three people were arrested as authorities raid Babel restaurant in Menyln on Sunday, allegedly including the employer and two employees. Images posted on 15 September 2024. (Photo: X/@Meth_Khosi)

By Michelle Banda

17 Sep 2024

A viral TikTok video from a former waitress exposed alarming working conditions at Babel restaurant in Pretoria. The revelations have triggered government inspections and a larger conversation about systemic exploitation in South Africa’s hospitality industry.

A TikTok video posted at the weekend by former restaurant waitress Mihlali Nobavu exposed a toxic working environment and raised concerns about labour exploitation.

Nobavu alleged that she and other employees at Babel in Menlyn, Pretoria, had to buy their uniforms, worked without a contract or basic salary (relying solely on tips), and endured unreasonable demands such as forced hairstyle changes, no breaks and excessively long shifts.

The video spurred swift action. Authorities, including the police and officials from the departments of home affairs and labour, raided the restaurant on Sunday. The police arrested three people, including the manager and two allegedly undocumented workers.

hospitality industry exploitation babel Minister of Employment and Labour Nomakhosazana Meth posted this on her Twitter account: ‘As promised that we'll act @ClaysonMonyela, our team together with Home Affairs Immigration & Hawks pounced on Babel restaurant following the tip off of unfair labour practice. Some arrests have been made … more details to follow.’ (Photo: X/@Meth_Khosi)

The incident underscores a broader issue in South Africa’s hospitality sector, where businesses reportedly exploit undocumented foreign workers.

A systematic problem

In a report last year, then minister of employment and labour Thulas Nxesi said: “Businesses often target the most desperate undocumented foreign nationals willing to take ‘anything’ for wages.”

Professor Loren Landau, a migration expert at Oxford University and Wits University, said: “Restaurants and other service-oriented businesses often operate on tight margins and look to cut costs however they can.

“Hiring people who are willing to work hard and don’t have the protection of labour law is one way to do that. We often hear accounts from small business owners that immigrants are willing to work hard and won’t complain or take you to the labour courts if they are exploited or summarily dismissed.

“Is this right? No. It may provide work for immigrants and keep consumer costs low. However, there are long-term costs for immigrants and South African workers.

“The solution is not to hold immigrants accountable for doing what anyone would do to make ends meet. Rather, it is to undertake workplace inspections and hold business owners accountable.”

First-hand accounts: Two perspectives

Nonhle Hlatshwayo worked as a waitress at restaurants in Sandton, Johannesburg, for 18 months after she was unable to get employment in social work, which she studied at the University of the Free State.

“For me, that has not been the best of experience because it’s long hours for a bare minimum amount of R20 to R25 per hour working an exhausting 80-hour week — some as high as 87 hours a week — which is roughly R250 per day.

“Your earnings are also on the basis of how many shifts you get, which is not too many because there were a lot of us. Also, you would not get the full amount as agents would also get their commission from whatever money you make and the company would take 10% of your tips as well.

“On average, we got paid R2,000 a month. From that amount, [I] have to commute to and from work every day, pay rent, buy groceries, pay for my son’s crèche fees and still send some money for family back home in KZN.

“While uniforms were provided, that cost was incurred from our salaries but when you resign you return the uniform to the company. I felt really robbed in the job, but I was there because I was desperate.

“One thing I realised in my experience [is that] hotels and restaurants prefer to employ a majority of migrants. I think it’s because they are undocumented and these places don’t like paying people for labour, hence there is no basic salary there or a proper contract.”

Another former waiter, Lethabo Pooe, had a different perspective. He said the work was “eye-opening and exciting”.

Pooe said his former workplace had provided him with uniforms, but staff had to pay for new ones if they lost or damaged them.

“I did sign contracts and my basic salary ranged between R2,500 to R3,000, depending on which hotel or restaurant you are based at. We got all the tips and the company did not take any percentage. The pay was dependent on the work hours. Sometimes, one would work the entire week, sometimes, four to five days a week.

“I enjoyed the experience and networking, meeting different types of people from all over the world; and getting tips from different countries (euros, dollars and pounds). Getting to meet managers and executives or directors from big companies like Coke, Nestlé; police commissioners, working for the Global [Citizen] concert event, meeting [US singer] Usher Raymond, etc, and the president of the country.

“All that experience was amazing, fun and good. But on other days we had to serve rude and impatient guests and also had to work under arrogant and disrespectful managers. Even when the guests or customers are wrong, the company always supports the customers. The nonsense saying [is], ‘[The] customer is always right’, but that is not true.

“Then again, these are the challenges employees face in the workplace. Some restaurants and hotels exploit employees. Extra money was the reason I kept returning to the industry, but I had other ambitious dreams that I wanted to pursue and that I am currently pursuing, hence I paid my dues in the hospitality field and finally took a bow and decided to not go back there again.”

Setting measures and standards for compliance

In the aftermath of the viral TikTok video, the Department of Employment and Labour on Sunday launched a four-day inspection of the hospitality sector, specifically restaurants, starting with Babel, which the department said was non-compliant with labour laws.

The department also raided the nearby Ocean Basket and claimed that combined, the two restaurants owed their employees more than R1.3-million in underpaid wages.

Minister of Employment and Labour Nomakhosazana Meth said waiters at Babel were paid only on commission and with tips and some ended up with as little as R150 per shift, which is far below the national minimum wage of R27.58 an hour.

She said the workers at Babel worked 12 and 15-hour shifts daily, which contravened the daily and weekly rest periods provided for in the Basic Conditions of Employment Act.

She said waiters at Ocean Basket were also paid only on commission and with tips and both restaurants had failed to comply with the provisions of the Unemployment Insurance Fund (UIF).

“Babel is not registered with the fund, does not submit monthly declarations of salary information and does not make payments of contribution to the fund. On the other hand, Ocean Basket is registered with the UIF but does not submit monthly declarations of salary information to it.”

Ocean Basket strenuously denied the claims and said it complied with labour legislation. It said it did not owe money to employees at the restaurant and questioned where Meth got her information.

Babel has also reportedly denied the claims.

Three foreign nationals who were arrested in the raids appeared in court on Tuesday. A chef and stock manager from Babel and an Ocean Basket delivery man were charged with being in South Africa without proper documentation. Their bail applications were postponed.

‘Concerning narrative’

Wendy Alberts of the Restaurant Association of South Africa said, “The recent Babel incident has triggered a conversation that we needed to open up for a long time.

“For this to get sensationalised to the degree it has, really talks about the concerning narrative that has been going on for a long time that more illegal migrant workers are employed in the industry.

“To undo the narrative, we have to invite all the parties together and have an informed conversation — the Department of Labour, Bargaining Council, Home Affairs and immigration. And we need to have open discussions on the allegations.

“When we are being investigated and we have had these many blitzes and raids, which are not new, where there has been contravention, those restaurants have been given an opportunity of 40 days to remedy,” said Alberts.

“But it has never been as extreme as this case where we have seen arrests or media being involved to the extent it has. The particular incident of Babel speaks for itself. [An] audit was done and there were a number of laws broken and they are definitely in contravention of laws that are to protect businesses, employees and the economy.

“When we start to unpack the conversation, we need to separate issues. Are we talking about foreign nationals in the industry or are we talking about illegal immigrants in the industry? Or are we talking about minimum wage not being paid?”

Alberts said some hospitality staff signed contracts outlining that their income would be based on commission.

“There is some confusion in the media about not paying minimum wage. I am wondering if staff have not misinterpreted their agreements or do not have enough information to make informed decisions to understand the contractual obligations they enter into including policy, breakage and deposits for uniforms.

“It often happens that a disgruntled employee, when they leave, feels that they have been ill-treated and forgets the collective agreement made before signing the contract. Often they agree to commissioned work rather than a basic salary, which is to their advantage as far as earnings are concerned. DM

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South Africa

A systematic problem

First-hand accounts: Two perspectives

Setting measures and standards for compliance

‘Concerning narrative’