Mofokeng v Commission for Conciliation Mediation and Arbitration and Others (JR 1200/18)
Mofokeng v Commission for Conciliation Mediation and Arbitration and Others (JR 1200/18) [2022] ZALCJHB 230 (16 August 2022)
The court found that the applicant's conduct did not amount to gross insubordination or incitement. She complied with the instruction to wear flat shoes and merely expressed dissatisfaction, which is protected by the constitutional right to freedom of expression and the Labour Relations Act. The employer's policy was ambiguous and amended without proper consultation, rendering the instruction potentially unlawful. There was no evidence of a willful or serious challenge to authority, nor of incitement to commit misconduct or crime. The arbitration award upholding the dismissal was unreasonable…
Source excerpt
- Unfair Dismissal
- Insubordination
- Incitement
- Health And Safety Policy
- Substantive Fairness
- Procedural Fairness