Engen is involved in an ugly legal battle with a quadriplegic employee, who has taken it to court over its alleged shoddy treatment of disabled staff. But the petroleum company – which was investigated by the Human Rights Commission over its treatment of employee Rene Moses – insists there is “no merit” to Moses’s Labour Court claims. At the heart of the almost four-year dispute between Moses and her Engen bosses is the toilet for the disabled at the company’s call centre, which Engen agreed to adapt to be more disabled-friendly after Moses, aided by the Human Rights Commission, complained about it to the Equality Court.

While Engen maintains it completed a R100 000 upgrade of the toilet to accommodate Moses’s needs, she insists that it is still inadequate and an affront to her human dignity. Her complaints further include allegations that: The automated door of the disabled toilet repeatedly malfunctions, closing on her as she tries to enter and exit. Staff are reluctant to assist her when she needs to access the toilet because doing so would require them to sign out from work. This has resulted in Moses soiling herself while at work. The basin, though partly adapted by Engen, is still too low for her to manoeuvre her wheelchair under, causing her to repeatedly bruise her knees. She is unable to reach the soap dispenser and has been forced to bring her own soap to the office. The door to the corridor outside the toilet cannot be opened by someone in a wheelchair.

Human Rights Commission minutes further reveal that, following Moses’ toilet accidents, Engen staff suggested that she learn to control her bowels. Moses claims staff proposed that she visit a dietician to do so. Engen vehemently denies any wrongdoing and maintains that it did more than enough to “reasonably accommodate” Moses at its head office in Cape Town. The company maintains that any suggestion that its staff told Moses to learn to control her bowels is “offensive”. “From our perspective, we find it regrettable that Ms Moses has chosen to raise her concerns through the press. The company has no desire to become embroiled in ongoing disputes with any employee. “By the same token, however, Engen believes that it has sought to accommodate Ms Moses’s concerns and to address the issues she has raised, beyond what would be required of a reasonable and fair employer,” the company’s media officer, Tania Landsberg, said.

In court documents, the company claims, among many other things, that it assisted Moses with the purchase of her wheelchair and moved her office closer to the bathroom to accommodate her, Arguing that Moses’s case against it was “bad in law” and brought too late, Engen wants her Labour Court application against it to be dismissed – and asked the Labour Court to order her to pay all their legal costs. The company is also adamant that the Labour Court does not have the jurisdiction to determine Moses’ case. And, claiming that Moses forfeited any monetary claim against Engen when she attempted to resolve her dispute with the company, Engen’s lawyers say she cannot expect any compensation for the alleged loss of her dignity. Moses is however adamant that her complaints must and should be addressed. “I feel this is about more than just me – this is about how many disabled people are treated. Things need to change.” Moses and Engen are due back in court later this month.