Court Rules: Sibanye-Stillwater Wrongfully Fired HR Officer for Working on Her Day Off

Court Rules: Sibanye-Stillwater Wrongfully Fired HR Officer for Working on Her Day Off

In a decision that reinforces the boundaries of company authority, the Labour Court has ordered mining giant Sibanye-Stillwater to reinstate a human resources officer it dismissed for a startling reason: performing a work-related task on her scheduled day off. The ruling highlights the critical difference between a breach of policy and an action that justifies the severe sanction of dismissal.

The case centred on an HR officer who, while off-duty, accessed the company’s systems to address a task. Sibanye-Stillwater viewed this as a serious violation of its protocols and terminated her employment. The company argued that her actions constituted misconduct worthy of dismissal.

From Internal Hearing to the Courtroom

The employee contested her dismissal through the Commission for Conciliation, Mediation and Arbitration (CCMA). However, the CCMA initially upheld the company’s decision, finding the dismissal to be substantively fair. Unwilling to accept the ruling, the officer took the matter on review to the Labour Court, arguing that the penalty was shockingly inappropriate for the offence.

The Labour Court scrutinised the case and reached a very different conclusion. The judge found that while the employee may have technically breached a company rule, her actions did not amount to misconduct serious enough to warrant losing her job. The court emphasized the principle of proportionalitythe punishment must fit the transgression.

A Victory for Proportionality in Labour Law

The judge’s ruling pointed out that there was no evidence of malicious intent or any gross dishonesty on the part of the employee. She was not accused of fraud, data theft, or sabotage. Instead, she had engaged in an act that, however misguided, was ultimately about completing work.

The court found that a lesser sanction, such as a final written warning, would have been a far more appropriate response. By jumping straight to dismissal, Sibanye-Stillwater had acted unfairly. The court subsequently set aside the CCMA’s ruling and ordered the company to reinstate the employee.

A Warning to Employers

This judgment serves as a significant reminder to all employers about the standards required for a fair dismissal. South African labour law is designed to protect job security, and employers must prove that dismissal is a justified and proportional response to an employee’s actions.

The ruling makes it clear that not every breach of policy justifies the ultimate penalty. Employers are expected to apply discipline in a measured way, considering the context and intent behind an employee’s actions. For employees, the case reinforces that they have the right to challenge a dismissal they believe is unduly harsh, even after an initial ruling from the CCMA. For the reinstated HR officer, the ruling is a vindication that justice, while sometimes slow, can ultimately prevail.

{Source: IOL}

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