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Engage Human Capital Solutions - Pty Ltd Engage Human Capital Solutions has supported SMEs across industries for over 10 years.

With 25+ yearsโ€™ corporate HR and labour relations expertise, we provide practical, compliant people solutions to help businesses manage and grow their teams.

๐—–๐—”๐—ฆ๐—˜ ๐—Ÿ๐—”๐—ช ๐—จ๐—ฃ๐——๐—”๐—ง๐—˜โ€œ๐—œโ€™๐—  ๐—” ๐— ๐—”๐—ก ๐—œ๐—ก ๐— ๐—ฌ ๐—ข๐—ช๐—ก ๐—›๐—ข๐—จ๐—ฆ๐—˜๐—›๐—ข๐—Ÿ๐——โ€๐—•๐—จ๐—ง ๐—”๐—ง ๐—ช๐—ข๐—ฅ๐—ž, ๐—ช๐—›๐—ข ๐—ฅ๐—˜๐—”๐—Ÿ๐—Ÿ๐—ฌ ๐—›๐—”๐—ฆ ๐—ง๐—›๐—˜ ๐—”๐—จ๐—ง๐—›๐—ข๐—ฅ๐—œ๐—ง๐—ฌ?There is a particular kind of di...
12/10/2026

๐—–๐—”๐—ฆ๐—˜ ๐—Ÿ๐—”๐—ช ๐—จ๐—ฃ๐——๐—”๐—ง๐—˜

โ€œ๐—œโ€™๐—  ๐—” ๐— ๐—”๐—ก ๐—œ๐—ก ๐— ๐—ฌ ๐—ข๐—ช๐—ก ๐—›๐—ข๐—จ๐—ฆ๐—˜๐—›๐—ข๐—Ÿ๐——โ€
๐—•๐—จ๐—ง ๐—”๐—ง ๐—ช๐—ข๐—ฅ๐—ž, ๐—ช๐—›๐—ข ๐—ฅ๐—˜๐—”๐—Ÿ๐—Ÿ๐—ฌ ๐—›๐—”๐—ฆ ๐—ง๐—›๐—˜ ๐—”๐—จ๐—ง๐—›๐—ข๐—ฅ๐—œ๐—ง๐—ฌ?

There is a particular kind of disciplinary problem that I have seen repeatedly over many years in Labour Relations. It normally starts with something quite ordinary. A manager gives an instruction, questions an employee about something that has happened, or calls the employee into the office to deal with a complaint. Before long, however, the actual workplace issue has disappeared completely and the argument has become about something else entirely: ๐—ฟ๐—ฒ๐˜€๐—ฝ๐—ฒ๐—ฐ๐˜.

โ€œYou are disrespecting me.โ€
โ€œYou are embarrassing me.โ€
โ€œYou canโ€™t speak to me like that.โ€
โ€œYou canโ€™t tell me what to do.โ€

Once the conversation moves into that territory, a relatively simple management issue can very quickly become a confrontation about status, pride and authority.

A recent Labour Appeal Court judgment involving a SASSA employee is a very good illustration of exactly this.

๐—ง๐—›๐—˜ ๐—ช๐—ข๐—ฅ๐——๐—ฆ ๐—ง๐—›๐—”๐—ง ๐—–๐—”๐—จ๐—š๐—›๐—ง ๐— ๐—ฌ ๐—”๐—ง๐—ง๐—˜๐—ก๐—ง๐—œ๐—ข๐—ก

The employee, a Senior Grants Administrator, had dealt with a member of the public whose social grant application was declined. She returned to the SASSA office the following day with her niece and complained about the manner in which she had been dealt with.

The employeeโ€™s manager called him into his office to discuss the complaint. The employee did not want to explain himself in front of the two women and asked that they be sent outside. His manager initially wanted the matter discussed in their presence.

It was during this interaction that the employee accused his manager of not respecting him and said that he was โ€œalso a man in his own householdโ€.

That sentence immediately stood out to me because, in a few words, it captures a problem we see surprisingly often in the workplace.

The employee stops hearing, โ€œMy manager is asking me to explain what happened,โ€ and starts hearing, โ€œThis person is challenging me, embarrassing me or diminishing my status.โ€

Once that happens, people sometimes stop responding to what is actually being asked of them and start responding instead to what they ๐—ณ๐—ฒ๐—ฒ๐—น the interaction says about them personally.

And that is where an ordinary management issue can become a serious disciplinary problem.

๐—•๐—˜๐—œ๐—ก๐—š ๐— ๐—”๐—ก๐—”๐—š๐—˜๐—— ๐—œ๐—ฆ ๐—ก๐—ข๐—ง ๐—”๐—จ๐—ง๐—ข๐— ๐—”๐—ง๐—œ๐—–๐—”๐—Ÿ๐—Ÿ๐—ฌ ๐—•๐—˜๐—œ๐—ก๐—š ๐——๐—œ๐—ฆ๐—ฅ๐—˜๐—ฆ๐—ฃ๐—˜๐—–๐—ง๐—˜๐——

Let me be very clear about this. Employees are entitled to dignity in the workplace. They are entitled to be spoken to properly and managers do not have licence to humiliate, bully, threaten or abuse employees simply because they occupy a more senior position.

But the opposite is also true. An employee cannot label every uncomfortable interaction with management as โ€œdisrespectโ€.

A manager is sometimes going to question you. A manager may correct you, tell you that your work is not up to standard, ask you to account for something that has happened or issue an instruction that you do not particularly like.

None of that, by itself, amounts to bullying or humiliation.

Sometimes it is simply called ๐—ฏ๐—ฒ๐—ถ๐—ป๐—ด ๐—บ๐—ฎ๐—ป๐—ฎ๐—ด๐—ฒ๐—ฑ.

And I think this is where the distinction becomes important. There is nothing wrong with an employee saying, โ€œI disagree with the way this is being handled,โ€ or โ€œI would prefer that we discuss this privately.โ€ There is also nothing wrong with lodging a grievance if a manager genuinely behaves improperly.

What an employee cannot do is decide that because they ๐—ณ๐—ฒ๐—ฒ๐—น disrespected, the manager no longer has authority over them.

๐—ง๐—›๐—”๐—ง ๐—œ๐—ฆ ๐—ช๐—›๐—˜๐—ฅ๐—˜ ๐—ง๐—›๐—œ๐—ฆ ๐—–๐—”๐—ฆ๐—˜ ๐—˜๐—ฆ๐—–๐—”๐—Ÿ๐—”๐—ง๐—˜๐——

The facts in the SASSA matter became considerably more serious. The evidence accepted by the Commissioner was that the manager eventually agreed to allow the two women to leave so that he and the employee could speak privately. As the manager opened the door for them, the employee moved towards the doorway and a physical altercation followed.

The situation did not end there.

The manager subsequently went to the employeeโ€™s workstation and instructed him to return to the office so that the matter could be dealt with. The employee refused.

The dispute ultimately resulted in disciplinary action and dismissal. The CCMA found the dismissal substantively and procedurally fair, the Labour Court refused to interfere with that award, and the Labour Appeal Court ultimately dismissed the employeeโ€™s appeal.

What started as a complaint from a member of the public had therefore turned into something far more serious: a challenge to managerial authority, refusal to comply and physical confrontation.

๐—ง๐—›๐—˜๐—ฅ๐—˜ ๐—œ๐—ฆ ๐—” ๐——๐—œ๐—™๐—™๐—˜๐—ฅ๐—˜๐—ก๐—–๐—˜ ๐—•๐—˜๐—ง๐—ช๐—˜๐—˜๐—ก ๐——๐—œ๐—ฆ๐—”๐—š๐—ฅ๐—˜๐—˜๐—œ๐—ก๐—š ๐—”๐—ก๐—— ๐——๐—˜๐—™๐—ฌ๐—œ๐—ก๐—š ๐—”๐—จ๐—ง๐—›๐—ข๐—ฅ๐—œ๐—ง๐—ฌ

This distinction is critical from a Labour Relations perspective.

Not every disagreement with a manager is insubordination. Not every rude or emotional response is gross insubordination, and employers should be very careful not to use that charge simply because an employee has argued with a supervisor.

But an employment relationship cannot function if every employee is entitled to decide for themselves whether they personally accept the authority of the person managing them.

There has to be a chain of command. There has to be accountability. Somebody has to be entitled to allocate work, set standards, investigate complaints and give lawful and reasonable instructions.

That does not take away anybodyโ€™s dignity.

It is simply part of the employment relationship.

At home, you may very well be the person in charge. You may run your household, support your family, lead your community or be the person everybody comes to for advice. None of that changes simply because you report to somebody at work.

But when you enter the workplace, you enter an employment relationship in which legitimate managerial authority exists.

๐—” ๐—ช๐—ข๐—ฅ๐—— ๐—ข๐—™ ๐—–๐—”๐—จ๐—ง๐—œ๐—ข๐—ก ๐—ง๐—ข ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—ฅ๐—ฆ

Employers must be equally careful not to oversimplify these cases.

Do not see an argument with a manager and immediately charge โ€œgross insubordinationโ€. The charge has to fit the actual conduct.

You need to establish whether there was a clear instruction, whether it was lawful and reasonable, whether the employee understood what was required, whether there was a deliberate refusal to comply, and importantly, whether the conduct amounted to a genuine challenge to managerial authority.

The seriousness of the conduct, the surrounding circumstances and the effect on the employment relationship all matter.

I have seen many cases over the years where an employer has a perfectly legitimate disciplinary issue, but weakens its own case by charging the wrong offence or presenting the evidence badly.

That is why the distinction between insolence, insubordination and gross insubordination is not merely academic. It can determine whether your dismissal ultimately survives scrutiny at the CCMA.

๐—ง๐—›๐—˜ ๐—•๐—œ๐—š๐—š๐—˜๐—ฅ ๐—Ÿ๐—˜๐—ฆ๐—ฆ๐—ข๐—ก

For employees, the lesson is simple: do not confuse managerial authority with disrespect.

You can disagree with your manager. You can raise concerns. You can insist on being treated with dignity and you can challenge genuinely improper conduct through the appropriate channels.

But feeling offended does not automatically entitle you to refuse to be managed.

For employers, the lesson is equally important. When an employee challenges authority, deal with the facts carefully. Investigate properly, formulate the charge correctly and make sure that what you allege is what you can actually prove.

So yes, you may very well be โ€œa man in your own householdโ€.

๐—•๐˜‚๐˜ ๐—ฎ๐˜ ๐˜„๐—ผ๐—ฟ๐—ธ, ๐˜„๐—ต๐—ผ ๐—ฟ๐—ฒ๐—ฎ๐—น๐—น๐˜† ๐—ต๐—ฎ๐˜€ ๐˜๐—ต๐—ฒ ๐—ฎ๐˜‚๐˜๐—ต๐—ผ๐—ฟ๐—ถ๐˜๐˜†?

The answer is not about ego, status or who is more important.

It is about understanding the employment relationship, and understanding where legitimate managerial authority begins and ends.

๐—–๐—”๐—ฆ๐—˜:
Ndaba v South African Social Security Agency and Others
[2026] ZALAC 36

๐—˜๐—ก๐—š๐—”๐—š๐—˜ ๐—›๐—จ๐— ๐—”๐—ก ๐—–๐—”๐—ฃ๐—œ๐—ง๐—”๐—Ÿ ๐—ฆ๐—ข๐—Ÿ๐—จ๐—ง๐—œ๐—ข๐—ก๐—ฆ

Practical HR and Labour Relations solutions for South African employers.

๐—–๐—”๐—ก ๐—ฌ๐—ข๐—จ ๐—™๐—œ๐—ฅ๐—˜ ๐—”๐—ก ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—˜ ๐—™๐—ข๐—ฅ ๐—ฆ๐—”๐—ฌ๐—œ๐—ก๐—š โ€œ๐—ฆ๐—–๐—ฅ๐—˜๐—ช ๐—ฌ๐—ข๐—จโ€?Your employee is angry.You are in the middle of a workplace confrontatio...
07/10/2026

๐—–๐—”๐—ก ๐—ฌ๐—ข๐—จ ๐—™๐—œ๐—ฅ๐—˜ ๐—”๐—ก ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—˜ ๐—™๐—ข๐—ฅ ๐—ฆ๐—”๐—ฌ๐—œ๐—ก๐—š โ€œ๐—ฆ๐—–๐—ฅ๐—˜๐—ช ๐—ฌ๐—ข๐—จโ€?

Your employee is angry.

You are in the middle of a workplace confrontation. Things are getting heated. You give an instruction.

The employee looks at you and says:

โ€œ๐—ฆ๐—ฐ๐—ฟ๐—ฒ๐˜„ ๐˜†๐—ผ๐˜‚.โ€

You ask:

โ€œ๐—˜๐˜…๐—ฐ๐˜‚๐˜€๐—ฒ ๐—บ๐—ฒ?โ€

And instead of backing down, the employee repeats it.

โ€œ๐—ฌ๐—ผ๐˜‚ ๐—ต๐—ฒ๐—ฎ๐—ฟ๐—ฑ ๐—บ๐—ฒ. ๐—ฆ๐—ฐ๐—ฟ๐—ฒ๐˜„ ๐˜†๐—ผ๐˜‚.โ€

Can you dismiss them?

A Labour Court judgment suggests that, in the right circumstances, the answer may be ๐—ฌ๐—˜๐—ฆ.

But โ€” and this is important โ€” ๐—ป๐—ผ๐˜ ๐˜€๐—ถ๐—บ๐—ฝ๐—น๐˜† ๐—ฏ๐—ฒ๐—ฐ๐—ฎ๐˜‚๐˜€๐—ฒ ๐˜๐—ต๐—ฒ ๐—ฒ๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฒ ๐˜‚๐˜€๐—ฒ๐—ฑ ๐—ฎ ๐˜€๐˜„๐—ฒ๐—ฎ๐—ฟ ๐˜„๐—ผ๐—ฟ๐—ฑ.

๐—ง๐—›๐—˜ ๐—–๐—”๐—ฆ๐—˜

In ๐—๐—ฒ๐—ป๐—ฒ๐—ฐ๐—ธ๐—ฒ๐—ฟ ๐˜ƒ ๐—ฆ๐—” ๐— ๐—ฒ๐—ฑ๐—ถ๐—ฐ๐—ฎ๐—น ๐—ฎ๐—ป๐—ฑ ๐—˜๐—ฑ๐˜‚๐—ฐ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—™๐—ผ๐˜‚๐—ป๐—ฑ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—ก๐—ฃ๐—– ๐—ฎ๐—ป๐—ฑ ๐—ข๐˜๐—ต๐—ฒ๐—ฟ๐˜€, the employee worked as a fundraiser.

After arriving late for work, she became involved in a heated confrontation with the CEO.

What followed was not simply one rude remark.

According to the evidence accepted at arbitration, the employee refused an instruction to sit down during the discussion, told the CEO that he could not tell her what to do, refused initially to leave when she was suspended, refused to accept a written warning and continued the confrontation in the open-plan office in front of other employees.

She then told the CEO:

โ€œ๐—ฆ๐—ฐ๐—ฟ๐—ฒ๐˜„ ๐˜†๐—ผ๐˜‚.โ€

When the CEO responded, โ€œExcuse me?โ€, she repeated it.

The employee was subsequently dismissed for gross misconduct involving ๐—ถ๐—ป๐˜€๐—ผ๐—น๐—ฒ๐—ป๐—ฐ๐—ฒ ๐—ฎ๐—ป๐—ฑ ๐—ถ๐—ป๐˜€๐˜‚๐—ฏ๐—ผ๐—ฟ๐—ฑ๐—ถ๐—ป๐—ฎ๐˜๐—ถ๐—ผ๐—ป.

The CCMA found the dismissal fair.

She approached the Labour Court seeking to have the arbitration award reviewed and set aside.

The Court did not interfere with that finding.

๐—•๐—จ๐—ง ๐—œ๐—ฆ ๐—ฆ๐—ช๐—˜๐—”๐—ฅ๐—œ๐—ก๐—š ๐—”๐—ง ๐—ฌ๐—ข๐—จ๐—ฅ ๐—•๐—ข๐—ฆ๐—ฆ ๐—”๐—จ๐—ง๐—ข๐— ๐—”๐—ง๐—œ๐—–๐—”๐—Ÿ๐—Ÿ๐—ฌ ๐—œ๐—ก๐—ฆ๐—จ๐—•๐—ข๐—ฅ๐——๐—œ๐—ก๐—”๐—ง๐—œ๐—ข๐—ก?

No.

And this is where employers need to be careful.

There is a difference between ๐—ถ๐—ป๐˜€๐—ผ๐—น๐—ฒ๐—ป๐—ฐ๐—ฒ and ๐—ถ๐—ป๐˜€๐˜‚๐—ฏ๐—ผ๐—ฟ๐—ฑ๐—ถ๐—ป๐—ฎ๐˜๐—ถ๐—ผ๐—ป.

In simple terms:

๐—œ๐—ป๐˜€๐—ผ๐—น๐—ฒ๐—ป๐—ฐ๐—ฒ ๐—ถ๐˜€ ๐—ฑ๐—ถ๐˜€๐—ฟ๐—ฒ๐˜€๐—ฝ๐—ฒ๐—ฐ๐˜.

An employee may be rude, cheeky, argumentative, sarcastic or disrespectful without necessarily committing insubordination.

๐—œ๐—ป๐˜€๐˜‚๐—ฏ๐—ผ๐—ฟ๐—ฑ๐—ถ๐—ป๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—ด๐—ผ๐—ฒ๐˜€ ๐—ณ๐˜‚๐—ฟ๐˜๐—ต๐—ฒ๐—ฟ.

It involves a wilful and serious disregard of the employer's authority or a lawful and reasonable instruction.

Importantly, insubordination does not always require an employee to say:

โ€œ๐—œ ๐—ฟ๐—ฒ๐—ณ๐˜‚๐˜€๐—ฒ ๐˜๐—ผ ๐—ผ๐—ฏ๐—ฒ๐˜† ๐˜†๐—ผ๐˜‚๐—ฟ ๐—ถ๐—ป๐˜€๐˜๐—ฟ๐˜‚๐—ฐ๐˜๐—ถ๐—ผ๐—ป.โ€

Conduct itself can amount to insubordination where it represents a ๐—ฑ๐—ฒ๐—น๐—ถ๐—ฏ๐—ฒ๐—ฟ๐—ฎ๐˜๐—ฒ ๐—ฎ๐—ป๐—ฑ ๐˜€๐—ฒ๐—ฟ๐—ถ๐—ผ๐˜‚๐˜€ ๐—ฐ๐—ต๐—ฎ๐—น๐—น๐—ฒ๐—ป๐—ด๐—ฒ ๐˜๐—ผ ๐—บ๐—ฎ๐—ป๐—ฎ๐—ด๐—ฒ๐—ฟ๐—ถ๐—ฎ๐—น ๐—ฎ๐˜‚๐˜๐—ต๐—ผ๐—ฟ๐—ถ๐˜๐˜†.

The Labour Court confirmed that insolent conduct can cross the line into insubordination where it becomes sufficiently serious, persistent and defiant.

๐—ฆ๐—ข ๐—ช๐—›๐—”๐—ง ๐— ๐—”๐——๐—˜ ๐—ง๐—›๐—œ๐—ฆ ๐—–๐—”๐—ฆ๐—˜ ๐——๐—œ๐—™๐—™๐—˜๐—ฅ๐—˜๐—ก๐—ง?

It was the ๐—ฐ๐—ผ๐—ป๐˜๐—ฒ๐˜…๐˜.

The Court did not look at the words โ€œscrew youโ€ in isolation.

It looked at the employee's conduct during the entire incident.

There had already been repeated resistance to the CEO's authority. The confrontation had spilled out into an area where other employees were present. The employee publicly directed the remark at the most senior person in the organisation.

And perhaps most importantly, when challenged about what she had said, she did not withdraw it.

She ๐—ฟ๐—ฒ๐—ฝ๐—ฒ๐—ฎ๐˜๐—ฒ๐—ฑ ๐—ถ๐˜.

The Court found that, in those circumstances, telling the CEO โ€œscrew youโ€ in front of other employees and repeating it could reasonably be regarded as a ๐—ฆ๐—˜๐—ฅ๐—œ๐—ข๐—จ๐—ฆ ๐—”๐—ก๐—— ๐—ช๐—œ๐—Ÿ๐—™๐—จ๐—Ÿ ๐—–๐—›๐—”๐—Ÿ๐—Ÿ๐—˜๐—ก๐—š๐—˜ ๐—ง๐—ข ๐—”๐—จ๐—ง๐—›๐—ข๐—ฅ๐—œ๐—ง๐—ฌ.

๐—ง๐—›๐—˜ ๐—Ÿ๐—˜๐—ฆ๐—ฆ๐—ข๐—ก ๐—™๐—ข๐—ฅ ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—ฅ๐—ฆ

๐——๐—ผ๐—ปโ€™๐˜ ๐—ฑ๐—ถ๐˜€๐—ฐ๐—ถ๐—ฝ๐—น๐—ถ๐—ป๐—ฒ ๐˜๐—ต๐—ฒ ๐˜€๐˜„๐—ฒ๐—ฎ๐—ฟ ๐˜„๐—ผ๐—ฟ๐—ฑ.

๐——๐—ถ๐˜€๐—ฐ๐—ถ๐—ฝ๐—น๐—ถ๐—ป๐—ฒ ๐˜๐—ต๐—ฒ ๐—ฐ๐—ผ๐—ป๐—ฑ๐˜‚๐—ฐ๐˜ ๐—ถ๐—ป ๐—ฐ๐—ผ๐—ป๐˜๐—ฒ๐˜…๐˜.

An employee swearing during a moment of frustration is not automatically guilty of gross insubordination and is certainly not automatically dismissible.

Before deciding how serious the misconduct is, consider questions such as:

โ€ข Was the employee simply rude, or were they deliberately challenging managerial authority?
โ€ข Was a lawful and reasonable instruction being refused?
โ€ข Was the behaviour persistent?
โ€ข Did the employee continue after being warned or challenged?
โ€ข Did it happen privately or in front of other employees, customers or clients?
โ€ข Was the employee undermining the manager's authority in the workplace?
โ€ข Did the employee later acknowledge that the conduct was inappropriate?
โ€ข How serious was the overall incident?
โ€ข What is the employee's disciplinary record?
โ€ข Has the employment relationship genuinely become intolerable?

The words themselves are only ๐—ฝ๐—ฎ๐—ฟ๐˜ ๐—ผ๐—ณ ๐˜๐—ต๐—ฒ ๐—ฒ๐˜ƒ๐—ถ๐—ฑ๐—ฒ๐—ป๐—ฐ๐—ฒ.

๐—ข๐—ก๐—˜ ๐—ฆ๐—ช๐—˜๐—”๐—ฅ ๐—ช๐—ข๐—ฅ๐—— ๐——๐—ข๐—˜๐—ฆ ๐—ก๐—ข๐—ง ๐—˜๐—ค๐—จ๐—”๐—Ÿ ๐—”๐—จ๐—ง๐—ข๐— ๐—”๐—ง๐—œ๐—– ๐——๐—œ๐—ฆ๐— ๐—œ๐—ฆ๐—ฆ๐—”๐—Ÿ

This judgment should therefore not be interpreted as:

๐—˜๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฒ ๐˜๐—ฒ๐—น๐—น๐˜€ ๐—ฏ๐—ผ๐˜€๐˜€ ๐˜๐—ผ ๐˜€๐—ฐ๐—ฟ๐—ฒ๐˜„ ๐—ผ๐—ณ๐—ณ = ๐—ฎ๐˜‚๐˜๐—ผ๐—บ๐—ฎ๐˜๐—ถ๐—ฐ๐—ฎ๐—น๐—น๐˜† ๐—ฑ๐—ถ๐˜€๐—บ๐—ถ๐˜€๐˜€ ๐˜๐—ต๐—ฒ๐—บ.

That would be far too simplistic.

What the case demonstrates is that behaviour which may initially appear to be mere disrespect can, depending on its seriousness and the surrounding circumstances, cross the line into ๐—ด๐—ฟ๐—ผ๐˜€๐˜€ ๐—ถ๐—ป๐˜€๐˜‚๐—ฏ๐—ผ๐—ฟ๐—ฑ๐—ถ๐—ป๐—ฎ๐˜๐—ถ๐—ผ๐—ป.

And when an employee deliberately and publicly challenges the employer's authority in a sufficiently serious manner, dismissal may indeed be justified.

๐—ง๐—›๐—˜ ๐—•๐—ข๐—ง๐—ง๐—ข๐—  ๐—Ÿ๐—œ๐—ก๐—˜

Employees are entitled to disagree with management.

They are entitled to raise grievances.

They are entitled to challenge decisions through the appropriate processes.

They are even entitled, at times, to be unhappy, frustrated or angry.

What they are ๐—ป๐—ผ๐˜ entitled to do is deliberately disregard workplace authority with impunity.

There is a line between:

โ€œ๐—œ ๐—ฑ๐—ถ๐˜€๐—ฎ๐—ด๐—ฟ๐—ฒ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐˜†๐—ผ๐˜‚.โ€

and

โ€œ๐—ฌ๐—ผ๐˜‚ ๐—ต๐—ฎ๐˜ƒ๐—ฒ ๐—ป๐—ผ ๐—ฎ๐˜‚๐˜๐—ต๐—ผ๐—ฟ๐—ถ๐˜๐˜† ๐—ผ๐˜ƒ๐—ฒ๐—ฟ ๐—บ๐—ฒ.โ€

Sometimes that line is crossed with a refusal.

Sometimes it is crossed through conduct.

And occasionally, as this case demonstrates, it may be crossed with two very simple words:

โ€œ๐—ฆ๐—–๐—ฅ๐—˜๐—ช ๐—ฌ๐—ข๐—จ.โ€

๐—๐—ฒ๐—ป๐—ฒ๐—ฐ๐—ธ๐—ฒ๐—ฟ ๐˜ƒ ๐—ฆ๐—” ๐— ๐—ฒ๐—ฑ๐—ถ๐—ฐ๐—ฎ๐—น ๐—ฎ๐—ป๐—ฑ ๐—˜๐—ฑ๐˜‚๐—ฐ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—™๐—ผ๐˜‚๐—ป๐—ฑ๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐—ก๐—ฃ๐—– ๐—ฎ๐—ป๐—ฑ ๐—ข๐˜๐—ต๐—ฒ๐—ฟ๐˜€ (C611/2022) [2025] ZALCCT 104, Labour Court, 17 October 2025.

๐—˜๐—ป๐—ด๐—ฎ๐—ด๐—ฒ ๐—›๐˜‚๐—บ๐—ฎ๐—ป ๐—–๐—ฎ๐—ฝ๐—ถ๐˜๐—ฎ๐—น ๐—ฆ๐—ผ๐—น๐˜‚๐˜๐—ถ๐—ผ๐—ป๐˜€
Practical HR. Practical Labour Law. Practical Solutions.

๐—Ÿ๐—˜๐—ง ๐—จ๐—ฆ ๐—›๐—”๐—ก๐——๐—Ÿ๐—˜ ๐—ฌ๐—ข๐—จ๐—ฅ ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐—œ๐—ก๐—ฉ๐—˜๐—ฆ๐—ง๐—œ๐—š๐—”๐—ง๐—œ๐—ข๐—ก๐—ฆSuspect theft, fraud or dishonesty? Dealing with allegations of harassment, b...
06/10/2026

๐—Ÿ๐—˜๐—ง ๐—จ๐—ฆ ๐—›๐—”๐—ก๐——๐—Ÿ๐—˜ ๐—ฌ๐—ข๐—จ๐—ฅ ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐—œ๐—ก๐—ฉ๐—˜๐—ฆ๐—ง๐—œ๐—š๐—”๐—ง๐—œ๐—ข๐—ก๐—ฆ

Suspect theft, fraud or dishonesty? Dealing with allegations of harassment, bullying, policy breaches or other workplace misconduct?

Before you proceed to a disciplinary hearing, you need to establish what happened, gather the relevant evidence and prepare a properly supported case.

๐—ง๐—ต๐—ฎ๐˜โ€™๐˜€ ๐˜„๐—ต๐—ฒ๐—ฟ๐—ฒ ๐—˜๐—ป๐—ด๐—ฎ๐—ด๐—ฒ ๐—ฐ๐—ผ๐—บ๐—ฒ๐˜€ ๐—ถ๐—ป.

We handle the investigation and case preparation for you, helping you move from allegations and unanswered questions to an organised case that is ready to present.

๐—ช๐—›๐—”๐—ง ๐——๐—ข๐—˜๐—ฆ ๐—ง๐—›๐—˜ ๐—ฃ๐—ฅ๐—ข๐—–๐—˜๐—ฆ๐—ฆ ๐—œ๐—ก๐—ฉ๐—ข๐—Ÿ๐—ฉ๐—˜?

โ€ข Establishing the allegations and identifying what needs to be investigated.
โ€ข Interviewing the relevant employees and witnesses.
โ€ข Gathering and assessing documents, correspondence, records and other available evidence.
โ€ข Examining conflicting accounts, identifying gaps and following up on unanswered questions.
โ€ข Assessing whether the evidence supports disciplinary action and preparing appropriate charges where warranted.
โ€ข Organising the evidence and preparing the employerโ€™s case for the hearing.

๐—ช๐—›๐—”๐—ง ๐——๐—ข ๐—ฌ๐—ข๐—จ ๐—›๐—”๐—ฉ๐—˜ ๐—”๐—ง ๐—ง๐—›๐—˜ ๐—˜๐—ก๐——?

Where the investigation supports proceeding to a disciplinary hearing, we prepare a complete hearing pack for the case, including:

โœ“ Indexed and paginated evidence bundles, with copies ready for the hearing participants.
โœ“ Clearly formulated disciplinary charges.
โœ“ An opening statement setting out the employerโ€™s case.
โœ“ A witness list and a structured plan for presenting the evidence.
โœ“ Witnesses prepared to explain what they know and understand what to expect at the hearing.

Witness preparation helps witnesses give clear, truthful evidence in their own words.

๐—ฌ๐—ข๐—จ ๐—–๐—”๐—ก ๐—ฃ๐—ฅ๐—˜๐—ฆ๐—˜๐—ก๐—ง ๐—ง๐—›๐—˜ ๐—–๐—”๐—ฆ๐—˜ โ€” ๐—ข๐—ฅ ๐—ช๐—˜ ๐—–๐—”๐—ก ๐——๐—ข ๐—œ๐—ง ๐—™๐—ข๐—ฅ ๐—ฌ๐—ข๐—จ.

If you prefer to handle the hearing internally, you have the bundles, prepared witnesses, opening statement and case structure ready to work from.

If you would rather have experienced support throughout, Engage can also represent your company at the disciplinary hearing and present the employerโ€™s case on your behalf.

๐—˜๐—ซ๐—ฃ๐—˜๐—ฅ๐—œ๐—˜๐—ก๐—–๐—˜ ๐—ง๐—›๐—”๐—ง ๐—–๐—ข๐—จ๐—ก๐—ง๐—ฆ

Engage has been in business for ๐Ÿญ๐Ÿฌ ๐˜†๐—ฒ๐—ฎ๐—ฟ๐˜€, with combined experience of ๐—ผ๐˜ƒ๐—ฒ๐—ฟ ๐Ÿฎ๐Ÿฑ ๐˜†๐—ฒ๐—ฎ๐—ฟ๐˜€ ๐—ถ๐—ป ๐—›๐—ฅ ๐—ฎ๐—ป๐—ฑ ๐—น๐—ฎ๐—ฏ๐—ผ๐˜‚๐—ฟ ๐—ฟ๐—ฒ๐—น๐—ฎ๐˜๐—ถ๐—ผ๐—ป๐˜€. We have chaired thousands of disciplinary hearings and represented companies in thousands of CCMA cases.

We understand how an investigation translates into evidence that must be presented, explained and tested at a hearing.

๐—Ÿ๐—ฒ๐˜ ๐—˜๐—ป๐—ด๐—ฎ๐—ด๐—ฒ ๐˜๐—ฎ๐—ธ๐—ฒ ๐˜†๐—ผ๐˜‚๐—ฟ ๐—ฐ๐—ฎ๐˜€๐—ฒ ๐—ณ๐—ฟ๐—ผ๐—บ ๐—ฎ๐—น๐—น๐—ฒ๐—ด๐—ฎ๐˜๐—ถ๐—ผ๐—ป ๐˜๐—ผ ๐—ต๐—ฒ๐—ฎ๐—ฟ๐—ถ๐—ป๐—ด.

Contact us to discuss your workplace investigation and hearing preparation needs.

๐ŸŽ™๏ธ ๐—ฌ๐—ข๐—จ ๐—–๐—”๐—กโ€™๐—ง ๐— ๐—”๐—ž๐—˜ ๐—ง๐—›๐—œ๐—ฆ ๐—ฆ๐—ง๐—จ๐—™๐—™ ๐—จ๐—ฃ! ๐Ÿ˜‚Ever witnessed something at work that made you think, โ€œNobody would believe thisโ€?Toda...
06/10/2026

๐ŸŽ™๏ธ ๐—ฌ๐—ข๐—จ ๐—–๐—”๐—กโ€™๐—ง ๐— ๐—”๐—ž๐—˜ ๐—ง๐—›๐—œ๐—ฆ ๐—ฆ๐—ง๐—จ๐—™๐—™ ๐—จ๐—ฃ! ๐Ÿ˜‚

Ever witnessed something at work that made you think, โ€œNobody would believe thisโ€?

Today on ๐—ง๐—ต๐—ฒ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐—ก๐—ผ๐—น๐—ฒ๐—ป๐—ฒ, weโ€™re sharing real workplace stories where common sense went missing and the explanations were almost more unbelievable than the behaviour!

Expect raised eyebrows, a few laughs and some practical HR lessons along the way. ๐Ÿ‘€

๐Ÿ“ฒ ๐—ช๐—˜ ๐—ช๐—”๐—ก๐—ง ๐—ฌ๐—ข๐—จ๐—ฅ ๐—ฆ๐—ง๐—ข๐—ฅ๐—œ๐—˜๐—ฆ!
Send us your bizarre, unbelievable, hilarious or downright weird workplace experiences for us to share ๐—ผ๐—ป ๐˜๐—ต๐—ฒ ๐˜€๐—ต๐—ผ๐˜„! Leave out names and identifying details โ€” let the story do the talking. ๐Ÿคญ

๐Ÿ’ฌ ๐—ฆ๐˜๐˜‚๐—ฑ๐—ถ๐—ผ ๐—ช๐—ต๐—ฎ๐˜๐˜€๐—”๐—ฝ๐—ฝ: ๐Ÿฌ๐Ÿด๐Ÿฎ ๐Ÿฏ๐Ÿฐ๐Ÿฏ ๐Ÿด๐Ÿฌ๐Ÿฎ๐Ÿฌ

๐Ÿ•› ๐—ง๐—ข๐——๐—”๐—ฌ | ๐Ÿญ๐Ÿฎ:๐Ÿฌ๐Ÿฌโ€“๐Ÿญ๐Ÿฏ:๐Ÿฌ๐Ÿฌ
๐Ÿ“ป ๐—˜๐—ฑ๐—ฒ๐—ป ๐—ฅ๐—ฎ๐—ฑ๐—ถ๐—ผ ๐Ÿญ๐Ÿฌ๐Ÿฐ.๐Ÿด ๐—™๐—  | On Eden Brunch
๐ŸŒ edenradio.co.za

๐Ÿฅช Grab your lunch โ€” this is one workplace conversation youโ€™ll want to hear!

๐ŸŽง Canโ€™t tune in? Catch up on our podcast episodes on ๐—ฆ๐—ฝ๐—ผ๐˜๐—ถ๐—ณ๐˜† by searching for ๐—˜๐—ฑ๐—ฒ๐—ป ๐—ฅ๐—ฎ๐—ฑ๐—ถ๐—ผ.

๐Ÿ“ฃ ๐—˜๐—ซ๐—–๐—œ๐—ง๐—œ๐—ก๐—š ๐—ก๐—˜๐—ช๐—ฆ! ๐ŸŽ™๏ธ๐—ง๐—ต๐—ฒ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐—ก๐—ผ๐—น๐—ฒ๐—ป๐—ฒ is moving to your lunch break!๐Ÿ“… ๐—ง๐˜‚๐—ฒ๐˜€๐—ฑ๐—ฎ๐˜†๐˜€ | ๐Ÿญ๐Ÿฎ ๐—ฝ.๐—บ.โ€“๐Ÿญ ๐—ฝ.๐—บ.๐Ÿ“ป ๐—˜๐—ฑ๐—ฒ๐—ป ๐—ฅ๐—ฎ๐—ฑ๐—ถ๐—ผ ๐Ÿญ๐Ÿฌ๐Ÿฐ.๐Ÿด...
01/10/2026

๐Ÿ“ฃ ๐—˜๐—ซ๐—–๐—œ๐—ง๐—œ๐—ก๐—š ๐—ก๐—˜๐—ช๐—ฆ! ๐ŸŽ™๏ธ

๐—ง๐—ต๐—ฒ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐—ก๐—ผ๐—น๐—ฒ๐—ป๐—ฒ is moving to your lunch break!

๐Ÿ“… ๐—ง๐˜‚๐—ฒ๐˜€๐—ฑ๐—ฎ๐˜†๐˜€ | ๐Ÿญ๐Ÿฎ ๐—ฝ.๐—บ.โ€“๐Ÿญ ๐—ฝ.๐—บ.
๐Ÿ“ป ๐—˜๐—ฑ๐—ฒ๐—ป ๐—ฅ๐—ฎ๐—ฑ๐—ถ๐—ผ ๐Ÿญ๐Ÿฌ๐Ÿฐ.๐Ÿด ๐—™๐— 

Same HR professional. Same informative content. A fresh new time slot! Join me for real workplace stories, practical HR advice and labour law conversations that matter.

๐Ÿฅช Grab your lunch and tune in!

๐ŸŽง ๐—–๐—ฎ๐—ปโ€™๐˜ ๐˜๐˜‚๐—ป๐—ฒ ๐—ถ๐—ป? ๐——๐—ผ๐—ปโ€™๐˜ ๐˜„๐—ผ๐—ฟ๐—ฟ๐˜†!
Catch up on our podcast episodes on ๐—ฆ๐—ฝ๐—ผ๐˜๐—ถ๐—ณ๐˜† โ€” simply search for ๐—˜๐—ฑ๐—ฒ๐—ป ๐—ฅ๐—ฎ๐—ฑ๐—ถ๐—ผ and look for ๐—ง๐—ต๐—ฒ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐—ก๐—ผ๐—น๐—ฒ๐—ป๐—ฒ.

๐ŸŽ™๏ธ ๐——๐—œ๐—— ๐—ฌ๐—ข๐—จ ๐— ๐—œ๐—ฆ๐—ฆ ๐—ง๐—›๐—œ๐—ฆ ๐—ฆ๐—›๐—ข๐—ช?๐—” ๐— ๐—”๐—ฆ๐—ง๐—˜๐—ฅ๐—–๐—Ÿ๐—”๐—ฆ๐—ฆ ๐—œ๐—ก ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐—˜๐—ซ๐—–๐—จ๐—ฆ๐—˜๐—ฆโ€œI didnโ€™t have transport money.โ€โ€œI was too sick to see a doc...
30/09/2026

๐ŸŽ™๏ธ ๐——๐—œ๐—— ๐—ฌ๐—ข๐—จ ๐— ๐—œ๐—ฆ๐—ฆ ๐—ง๐—›๐—œ๐—ฆ ๐—ฆ๐—›๐—ข๐—ช?

๐—” ๐— ๐—”๐—ฆ๐—ง๐—˜๐—ฅ๐—–๐—Ÿ๐—”๐—ฆ๐—ฆ ๐—œ๐—ก ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐—˜๐—ซ๐—–๐—จ๐—ฆ๐—˜๐—ฆ

โ€œI didnโ€™t have transport money.โ€
โ€œI was too sick to see a doctor.โ€
โ€œI didnโ€™t punch him โ€” I only pushed him.โ€
โ€œI broke it, but I didnโ€™t mean to.โ€
โ€œEveryone else does it!โ€
โ€œBut ChatGPT says you canโ€™t do thatโ€ฆโ€ ๐Ÿ˜‚

Every employee may have a reason โ€” but when does that reason become a ๐˜ƒ๐—ฎ๐—น๐—ถ๐—ฑ ๐—ฒ๐˜…๐—ฐ๐˜‚๐˜€๐—ฒ?

In this episode of ๐—ง๐—ต๐—ฒ ๐—ช๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐˜„๐—ถ๐˜๐—ต ๐—ก๐—ผ๐—น๐—ฒ๐—ป๐—ฒ, we separate genuine justification from creative storytelling and explain the important difference between a ๐—ฟ๐—ฒ๐—ฎ๐˜€๐—ผ๐—ป, a ๐˜ƒ๐—ฎ๐—น๐—ถ๐—ฑ ๐—ฒ๐˜…๐—ฐ๐˜‚๐˜€๐—ฒ and ๐—บ๐—ถ๐˜๐—ถ๐—ด๐—ฎ๐˜๐—ถ๐—ผ๐—ป.

Sometimes itโ€™s a valid excuse.
Sometimes itโ€™s a good reason.
And sometimesโ€ฆ itโ€™s just a ๐˜ƒ๐—ฒ๐—ฟ๐˜† good story. ๐Ÿ˜

๐ŸŽง You can listen to the full show now on Spotify:

๐Ÿ”— https://open.spotify.com/episode/08EJMDfqUXdnhwr8u46t27?si=eeQ4cmK3QtqkpCZwzEKXXw&utm_source=copy-link

Eden Radio 104.8 - Audio on Demand ยท Episode

๐—ช๐—›๐—˜๐—ก ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐——๐—ฅ๐—”๐— ๐—” ๐—•๐—˜๐—–๐—ข๐— ๐—˜๐—ฆ ๐— ๐—œ๐—ฆ๐—–๐—ข๐—ก๐——๐—จ๐—–๐—ง๐˜Š๐˜ฐ๐˜ฏ๐˜ฅ๐˜ถ๐˜ค๐˜ต ๐˜ฅ๐˜ฆ๐˜ต๐˜ณ๐˜ช๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต๐˜ข๐˜ญ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฎ๐˜ข๐˜ช๐˜ฏ๐˜ต๐˜ฆ๐˜ฏ๐˜ข๐˜ฏ๐˜ค๐˜ฆ ๐˜ฐ๐˜ง ๐˜จ๐˜ฐ๐˜ฐ๐˜ฅ ๐˜ฐ๐˜ณ๐˜ฅ๐˜ฆ๐˜ณ ๐˜ช๐˜ฏ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ธ๐˜ฐ๐˜ณ๐˜ฌ๐˜ฑ๐˜ญ๐˜ข๐˜ค๐˜ฆLove triangl...
29/09/2026

๐—ช๐—›๐—˜๐—ก ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐——๐—ฅ๐—”๐— ๐—” ๐—•๐—˜๐—–๐—ข๐— ๐—˜๐—ฆ ๐— ๐—œ๐—ฆ๐—–๐—ข๐—ก๐——๐—จ๐—–๐—ง

๐˜Š๐˜ฐ๐˜ฏ๐˜ฅ๐˜ถ๐˜ค๐˜ต ๐˜ฅ๐˜ฆ๐˜ต๐˜ณ๐˜ช๐˜ฎ๐˜ฆ๐˜ฏ๐˜ต๐˜ข๐˜ญ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฎ๐˜ข๐˜ช๐˜ฏ๐˜ต๐˜ฆ๐˜ฏ๐˜ข๐˜ฏ๐˜ค๐˜ฆ ๐˜ฐ๐˜ง ๐˜จ๐˜ฐ๐˜ฐ๐˜ฅ ๐˜ฐ๐˜ณ๐˜ฅ๐˜ฆ๐˜ณ ๐˜ช๐˜ฏ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ธ๐˜ฐ๐˜ณ๐˜ฌ๐˜ฑ๐˜ญ๐˜ข๐˜ค๐˜ฆ

Love triangles. Private loans between colleagues. Friendship fallouts. Rumours spreading through the office. Employees taking sides in someone elseโ€™s relationship. Colleagues who have stopped speaking to one another. WhatsApp arguments that follow employees into work.

Workplaces are filled with human beingsโ€”and human beings sometimes bring drama with them.

But when employeesโ€™ personal disputes begin consuming working time, dividing teams, disrupting operations or preventing people from doing their jobs, employers are often unsure how to respond.

There may be no direct insubordination. Nobody has necessarily refused an instruction. There may have been no assault, threat or obvious act of harassment. Yet the workplace has become tense, unproductive and increasingly difficult to manage.

This is where the disciplinary offence commonly described as ๐—ฐ๐—ผ๐—ป๐—ฑ๐˜‚๐—ฐ๐˜ ๐—ฑ๐—ฒ๐˜๐—ฟ๐—ถ๐—บ๐—ฒ๐—ป๐˜๐—ฎ๐—น ๐˜๐—ผ ๐˜๐—ต๐—ฒ ๐—บ๐—ฎ๐—ถ๐—ป๐˜๐—ฒ๐—ป๐—ฎ๐—ป๐—ฐ๐—ฒ ๐—ผ๐—ณ ๐—ด๐—ผ๐—ผ๐—ฑ ๐—ผ๐—ฟ๐—ฑ๐—ฒ๐—ฟ ๐—ถ๐—ป ๐˜๐—ต๐—ฒ ๐˜„๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ may become relevant.

๐—ง๐—›๐—˜ ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—ฅ ๐—œ๐—ฆ ๐—ก๐—ข๐—ง ๐—ง๐—›๐—˜ ๐—ฅ๐—˜๐—Ÿ๐—”๐—ง๐—œ๐—ข๐—ก๐—ฆ๐—›๐—œ๐—ฃ ๐—–๐—ข๐—จ๐—ก๐—ฆ๐—˜๐—Ÿ๐—Ÿ๐—ข๐—ฅ

Employers must begin by recognising an important boundary: not every disagreement between employees is an employment matter.

If two employees were romantically involved and the relationship ended badly, the employer is not required to decide who was right or wrong.

If one employee privately lent money to another and the debt was not repaid, the employer is not a debt collector or small-claims court.

If employees become involved in a family disagreement, friendship fallout or love triangle, the employer does not acquire jurisdiction over the dispute merely because the people involved happen to work for the same company.

The employerโ€™s concern begins when the employees bring the dispute into the workplace and their conduct starts affecting the business.

๐—ง๐—ต๐—ฒ ๐—ฝ๐—ฟ๐—ถ๐˜ƒ๐—ฎ๐˜๐—ฒ ๐—ฑ๐—ถ๐˜€๐—ฝ๐˜‚๐˜๐—ฒ ๐—ถ๐˜๐˜€๐—ฒ๐—น๐—ณ ๐—บ๐—ฎ๐˜† ๐—ป๐—ผ๐˜ ๐—ฏ๐—ฒ ๐—บ๐—ถ๐˜€๐—ฐ๐—ผ๐—ป๐—ฑ๐˜‚๐—ฐ๐˜. ๐—ง๐—ต๐—ฒ ๐˜„๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐—ฑ๐—ถ๐˜€๐—ฟ๐˜‚๐—ฝ๐˜๐—ถ๐—ผ๐—ป ๐—ฐ๐—ฎ๐˜‚๐˜€๐—ฒ๐—ฑ ๐—ฏ๐˜† ๐—ถ๐˜ ๐—บ๐—ฎ๐˜† ๐—ฏ๐—ฒ.

๐—” ๐—ฅ๐—˜๐—–๐—˜๐—ก๐—ง ๐—Ÿ๐—”๐—•๐—ข๐—จ๐—ฅ ๐—–๐—ข๐—จ๐—ฅ๐—ง ๐—ช๐—”๐—ฅ๐—ก๐—œ๐—ก๐—š

This distinction was illustrated in ๐—Ÿ๐—ฒ๐—ด๐—ฒ๐—ป๐—ฑ ๐—Ÿ๐—ผ๐—ด๐—ถ๐˜€๐˜๐—ถ๐—ฐ๐˜€ ๐˜ƒ ๐—ฆ๐—”๐—ง๐—”๐—ช๐—จ ๐—ผ๐—ฏ๐—ผ ๐—ง.๐— . ๐—ฎ๐—ป๐—ฑ ๐—ข๐˜๐—ต๐—ฒ๐—ฟ๐˜€ [๐Ÿฎ๐Ÿฌ๐Ÿฎ๐Ÿฑ] ๐—ญ๐—”๐—Ÿ๐—–๐—๐—›๐—• ๐Ÿด๐Ÿฑ.

An employee believed that a colleague with whom she had been romantically involved was the father of her child. When he disputed paternity, she approached the Maintenance Court and a DNA test was eventually ordered. The test established that he was not the father.

The employer dismissed the employee for allegedly providing false or misleading information.

However, the Labour Court upheld the finding that the dismissal was substantively unfair. The paternity dispute was a private matter, the employee genuinely believed that the colleague was the father, and her conduct was not sufficiently connected to her employment to constitute workplace misconduct.

The Court reaffirmed the general principle that an employer ordinarily has no jurisdiction to discipline an employee for private conduct that is unrelated to work and occurs away from the workplace.

The fact that two people are colleagues does not automatically convert every dispute between them into workplace misconduct.

๐—ช๐—›๐—˜๐—ก ๐——๐—ข๐—˜๐—ฆ ๐—ฃ๐—ฅ๐—œ๐—ฉ๐—”๐—ง๐—˜ ๐——๐—ฅ๐—”๐— ๐—” ๐—•๐—˜๐—–๐—ข๐— ๐—˜ ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐— ๐—œ๐—ฆ๐—–๐—ข๐—ก๐——๐—จ๐—–๐—ง?

There must be a proper linkโ€”or nexusโ€”between the employeesโ€™ conduct and the workplace.

That link may arise where the dispute:

โ–ช๏ธ Repeatedly interrupts employees while they are supposed to be working.

โ–ช๏ธ Causes loud arguments, confrontations or scenes in the workplace.

โ–ช๏ธ Draws other employees into the dispute and divides the workforce into opposing camps.

โ–ช๏ธ Results in persistent gossip, rumour-spreading or character attacks.

โ–ช๏ธ Causes employees to refuse to communicate or cooperate on operational matters.

โ–ช๏ธ Prevents one or more employees from performing their duties properly.

โ–ช๏ธ Causes employees to abandon their workstations to discuss or participate in the drama.

โ–ช๏ธ Creates hostility that affects teamwork, productivity or customer service.

โ–ช๏ธ Results in abusive messages being circulated through workplace communication channels.

โ–ช๏ธ Causes customers, suppliers or other employees to witness inappropriate confrontations.

โ–ช๏ธ Continues after management has instructed the employees to keep their private dispute out of the workplace.

โ–ช๏ธ Creates actual or reasonably foreseeable harm to the employerโ€™s operations, workforce or legitimate business interests.

The employer must therefore distinguish between an unpleasant atmosphere and a genuine disciplinary issue.

Employees are not required to like one another. They are not required to be friends, attend one anotherโ€™s social events or agree about personal matters.

They are, however, required to behave professionally, perform their duties and cooperate sufficiently for the employerโ€™s operations to function.

๐—ช๐—›๐—”๐—ง ๐——๐—ข๐—˜๐—ฆ โ€œ๐— ๐—”๐—œ๐—ก๐—ง๐—˜๐—ก๐—”๐—ก๐—–๐—˜ ๐—ข๐—™ ๐—š๐—ข๐—ข๐—— ๐—ข๐—ฅ๐——๐—˜๐—ฅโ€ ๐— ๐—˜๐—”๐—ก?

โ€œGood orderโ€ does not mean that employees must remain silent, never disagree or pretend that conflict does not exist.

It refers to the level of stability, professionalism, cooperation and discipline reasonably required for the workplace to function effectively.

Conduct detrimental to the maintenance of good order is therefore conduct that materially disturbs or undermines that functioning.

It is a broad disciplinary charge and should not be used carelessly. It is not a convenient label to attach to behaviour that management merely dislikes.

The employer must identify the specific conduct complained of and explain how it affected the workplace.

A charge should not simply state:

โ€œ๐—ฌ๐—ผ๐˜‚ ๐—ฐ๐—ฎ๐˜‚๐˜€๐—ฒ๐—ฑ ๐—ฑ๐—ฟ๐—ฎ๐—บ๐—ฎ ๐—ถ๐—ป ๐˜๐—ต๐—ฒ ๐˜„๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ.โ€

It should identify what the employee allegedly did, when it occurred and what workplace impact followed.

For example:

โ€œ๐—–๐—ผ๐—ป๐—ฑ๐˜‚๐—ฐ๐˜ ๐—ฑ๐—ฒ๐˜๐—ฟ๐—ถ๐—บ๐—ฒ๐—ป๐˜๐—ฎ๐—น ๐˜๐—ผ ๐˜๐—ต๐—ฒ ๐—บ๐—ฎ๐—ถ๐—ป๐˜๐—ฒ๐—ป๐—ฎ๐—ป๐—ฐ๐—ฒ ๐—ผ๐—ณ ๐—ด๐—ผ๐—ผ๐—ฑ ๐—ผ๐—ฟ๐—ฑ๐—ฒ๐—ฟ ๐—ถ๐—ป ๐˜๐—ต๐—ฒ ๐˜„๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ, in that on [date], during working hours, you became involved in a prolonged argument with a fellow employee concerning a private dispute. The confrontation disrupted employees in the department, interrupted workplace operations and prevented you and/or other employees from performing their duties.โ€

Where the complaint involves repeated conduct, the charge should identify the relevant incidents or period and describe the pattern relied upon.

๐—š๐—ข๐—ฆ๐—ฆ๐—œ๐—ฃ ๐—œ๐—ฆ ๐—ก๐—ข๐—ง ๐—”๐—จ๐—ง๐—ข๐— ๐—”๐—ง๐—œ๐—–๐—”๐—Ÿ๐—Ÿ๐—ฌ ๐— ๐—œ๐—ฆ๐—–๐—ข๐—ก๐——๐—จ๐—–๐—ง

Employers should be particularly careful when dealing with gossip.

A single private conversation, an unpopular opinion or an employee expressing frustration will not automatically justify disciplinary action.

The employer must establish something more substantial, such as:

โ–ช๏ธ Persistent or malicious rumour-spreading.

โ–ช๏ธ Knowingly circulating false allegations.

โ–ช๏ธ Disclosure of confidential information.

โ–ช๏ธ Attempts to turn employees against a colleague.

โ–ช๏ธ Repeated interference with working time.

โ–ช๏ธ Damage to working relationships.

โ–ช๏ธ Harassment, humiliation or victimisation.

โ–ช๏ธ A measurable effect on productivity, morale or workplace cooperation.

The disciplinary case must be based on evidenceโ€”not simply on a statement that โ€œeveryone is talkingโ€ or that management is tired of the drama.

๐—Ÿ๐—ข๐—ฉ๐—˜ ๐—ง๐—ฅ๐—œ๐—”๐—ก๐—š๐—Ÿ๐—˜๐—ฆ ๐—”๐—ก๐—— ๐—ช๐—ข๐—ฅ๐—ž๐—ฃ๐—Ÿ๐—”๐—–๐—˜ ๐—ฅ๐—˜๐—Ÿ๐—”๐—ง๐—œ๐—ข๐—ก๐—ฆ๐—›๐—œ๐—ฃ๐—ฆ

Consensual workplace relationships are generally private matters. Employers should not attempt to regulate employeesโ€™ morality or investigate intimate relationships merely because colleagues are involved.

However, the consequences of those relationships may become employment matters where they result in:

โ–ช๏ธ Arguments or confrontations during working hours.

โ–ช๏ธ Favouritism or abuse of managerial authority.

โ–ช๏ธ Retaliation following the end of a relationship.

โ–ช๏ธ Persistent unwanted communication.

โ–ช๏ธ Harassment or intimidation.

โ–ช๏ธ Misuse of confidential information.

โ–ช๏ธ Employees refusing to work together.

โ–ช๏ธ Public scenes in front of customers or colleagues.

โ–ช๏ธ Ongoing disruption to the workplace.

Again, the employer should discipline the workplace conductโ€”not adjudicate the romantic dispute.

๐—œ๐—ก๐—ฉ๐—˜๐—ฆ๐—ง๐—œ๐—š๐—”๐—ง๐—˜ ๐—ง๐—›๐—˜ ๐—œ๐— ๐—ฃ๐—”๐—–๐—ง, ๐—ก๐—ข๐—ง ๐—ง๐—›๐—˜ ๐—ฆ๐—–๐—”๐—ก๐——๐—”๐—Ÿ

Before taking disciplinary action, the employer should investigate objectively.

The investigation should determine:

๐Ÿญ. What exactly happened?

๐Ÿฎ. When and where did it happen?

๐Ÿฏ. Was it during working time or through workplace communication channels?

๐Ÿฐ. Which employees witnessed or were affected by it?

๐Ÿฑ. How much working time was lost?

๐Ÿฒ. Were employees prevented from completing their duties?

๐Ÿณ. Did anyone refuse to cooperate on work-related matters?

๐Ÿด. Were customers, suppliers or members of the public exposed to the conduct?

๐Ÿต. Had management previously instructed the employees to stop the disruptive behaviour?

๐Ÿญ๐Ÿฌ. Is there evidence of actual or potential operational harm?

The employer should avoid becoming distracted by every detail of the private disagreement. It does not need to decide who ended the relationship, who owes whom money or who started the WhatsApp argument at home.

The disciplinary enquiry must remain focused on what happened at work and how it affected the employerโ€™s legitimate interests.

๐— ๐—จ๐—ฆ๐—ง ๐—ง๐—›๐—˜ ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—ฅ ๐——๐—œ๐—ฆ๐—–๐—œ๐—ฃ๐—Ÿ๐—œ๐—ก๐—˜ ๐—œ๐— ๐— ๐—˜๐——๐—œ๐—”๐—ง๐—˜๐—Ÿ๐—ฌ?

Not every incident requires a disciplinary hearing.

Where the disruption is minor or occurs for the first time, the employer may begin with:

โ–ช๏ธ Counselling.

โ–ช๏ธ A clear instruction to keep the private dispute out of the workplace.

โ–ช๏ธ Mediation, where appropriate and voluntary.

โ–ช๏ธ Separate grievance processes where either employee alleges unfair treatment.

โ–ช๏ธ Clarification of expected standards of professional behaviour.

โ–ช๏ธ An informal or formal warning.

If an employee then refuses a lawful and reasonable instruction to stop the disruptive conduct or return to work, that refusal may give rise to a separate allegation of insubordination.

Employers should, however, avoid stacking multiple charges for the same conduct merely to make the matter appear more serious.

Use the charge that most accurately describes the misconduct proved.

Where the evidence establishes a more specific offenceโ€”such as harassment, intimidation, discrimination, assault, abusive language or disclosure of confidential informationโ€”the employer should generally charge that offence directly rather than relying only on a broad โ€œgood orderโ€ charge.

๐—ช๐—›๐—”๐—ง ๐—ฆ๐—”๐—ก๐—–๐—ง๐—œ๐—ข๐—ก ๐— ๐—”๐—ฌ ๐—•๐—˜ ๐—œ๐— ๐—ฃ๐—ข๐—ฆ๐—˜๐——?

The appropriate sanction depends on the seriousness and consequences of the conduct.

A written warning may be appropriate for a relatively minor first incident where the employee accepts responsibility and the disruption was limited.

A final written warning may be justified where:

โ–ช๏ธ The conduct was serious.

โ–ช๏ธ Several employees or business operations were affected.

โ–ช๏ธ The employee behaved maliciously or deliberately.

โ–ช๏ธ Management had already attempted to intervene.

โ–ช๏ธ The employee showed no insight into the impact of the conduct.

โ–ช๏ธ The employee continued the behaviour after being clearly instructed to stop.

Dismissal may become appropriate where the misconduct is sufficiently serious to make continued employment intolerable, or where the employee repeats the conduct despite prior corrective discipline.

For example, dismissal may potentially be justified where an employee persists with a deliberate campaign of disruption, harassment or division; repeatedly refuses to cooperate with a colleague for personal reasons; or continues creating serious workplace conflict while already subject to a valid final written warning for similar conduct.

However, employers must not jump from โ€œoffice dramaโ€ directly to dismissal.

The seriousness of the misconduct, actual or potential harm, the employeeโ€™s disciplinary record, consistency, remorse, length of service and the possibility of corrective discipline must all be considered.

๐—ง๐—›๐—˜ ๐—ฅ๐—จ๐—Ÿ๐—˜ ๐—˜๐— ๐—ฃ๐—Ÿ๐—ข๐—ฌ๐—˜๐—ฅ๐—ฆ ๐—ฆ๐—›๐—ข๐—จ๐—Ÿ๐—— ๐—ฅ๐—˜๐— ๐—˜๐— ๐—•๐—˜๐—ฅ

Employees are entitled to private lives. They are also entitled to disagree with one another.

But they are not entitled to allow their private disputes to consume working time, destabilise the workforce or prevent themselves and others from doing the work they are employed to perform.

๐—ง๐—ต๐—ฒ ๐—ฝ๐—ฟ๐—ถ๐˜ƒ๐—ฎ๐˜๐—ฒ ๐—ฑ๐—ถ๐˜€๐—ฝ๐˜‚๐˜๐—ฒ ๐—ถ๐˜€ ๐—ป๐—ผ๐˜ ๐˜๐—ต๐—ฒ ๐—ฒ๐—บ๐—ฝ๐—น๐—ผ๐˜†๐—ฒ๐—ฟโ€™๐˜€ ๐—ฏ๐˜‚๐˜€๐—ถ๐—ป๐—ฒ๐˜€๐˜€. ๐—ง๐—ต๐—ฒ ๐—ฑ๐—ถ๐˜€๐—ฟ๐˜‚๐—ฝ๐˜๐—ถ๐—ผ๐—ป ๐—ถ๐˜ ๐—ฐ๐—ฎ๐˜‚๐˜€๐—ฒ๐˜€ ๐—ถ๐—ป ๐˜๐—ต๐—ฒ ๐˜„๐—ผ๐—ฟ๐—ธ๐—ฝ๐—น๐—ฎ๐—ฐ๐—ฒ ๐—ถ๐˜€.

Employers should discipline the workplace conductโ€”not attempt to judge, resolve or punish the private dispute underneath it.

ยฉ Engage Human Capital Solutions (Pty) Ltd

Address

Edenvale
1609

Opening Hours

Monday 09:00 - 16:00
Tuesday 09:00 - 16:00
Wednesday 09:00 - 16:00
Thursday 09:00 - 16:00
Friday 09:00 - 16:00

Telephone

+27842280747

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