A R120,000 Lesson: KZN Doctor Ordered to Pay for Firing 72-Year-Old via WhatsApp

In a stark reminder of the legal and ethical lines employers must not cross, a KwaZulu-Natal doctor has been ordered to pay a former employee R120,000 after dismissing the 72-year-old woman via a WhatsApp message, with the reason for her termination directly linked to her age.

The ruling from the Commission for Conciliation, Mediation and Arbitration (CCMA) highlights the profound disrespect of the dismissal method and the blatant illegality of the reason given. The case serves as a textbook example of how not to handle an employee’s exit.

The Cold Click of an Unfair Dismissal

The termination was as impersonal as it was unfair. Instead of a formal meeting or a written letter, the long-serving employee received a WhatsApp message informing her that her services were no longer required. The message explicitly stated that her age was the reason for her dismissal.

This method stripped the employee of any dignity or opportunity to respond, reducing a significant life eventthe loss of a livelihoodto a casual, digital brush-off. The CCMA commissioner found that the dismissal was both substantively unfair (the reason was invalid) and procedurally unfair (the process was deeply flawed).

Why Age Discrimination is Illegal

In South Africa, firing an employee solely because of their age is a direct violation of the Employment Equity Act. The law protects workers from discrimination based on a list of grounds, including age, recognizing that experience and reliability are valuable assets, not liabilities.

The doctor’s defensethat the employee’s age was the primary factorwas, in legal terms, an admission of guilt. It provided the CCMA with a clear-cut case of discriminatory practice, leaving little room for argument.

A Costly Message

The R120,000 award is a significant financial penalty for the doctor, but its impact is more than just monetary. It is a public reprimand that underscores the principle that every employee, regardless of age, deserves to be treated with respect and in accordance with the law.

For business owners and managers, this ruling is a crucial lesson. It reinforces that communication platforms like WhatsApp are not appropriate tools for terminating employment, and that age can never be a lawful excuse for letting someone go. For the 72-year-old victim, the ruling is a hard-won vindication of her rights and her value as an employee.

{Source: IOL}

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