A Johannesburg Labour Court judge has said that the CMMA erred in reinstating a hospital employee who was dismissed for pestering a colleague after she ended a relationship, and that it had committed a “gross irregularity” by doing so.
The ruling related to an office romance at Mediclinic Nelspruit, which culminated in the dismissal of the human resources business partner (HRBP) after he refused to accept the end of his relationship with the receptionist.
The woman, referred to as NK, broke up with Charles Thamsanqa Shiba towards the end of 2020, but he continued to inundate her with calls, texts and even visiting her at home in efforts to rekindle their romance. Eventually, she sought a protection order against him in January 2021.
However, he continued to pester her, categorising his interactions as “work-related”, leading to a series of altercations and despite being ordered by Mediclinic management to cease all contact.
He was later charged with misconduct for unprofessional and unacceptable conduct and using his position to intimidate her.
After a disciplinary hearing, he was subsequently dismissed.
But Shiba took his case to the Commission for Conciliation, Mediation and Arbitration (CCMA), claiming his dismissal was unfair. In a surprising turn, the CCMA reinstated him.
Mediclinic then sought relief from the Labour Court in Johannesburg, where testimonies from five witnesses, including senior management, indicated that Shiba’s actions breached company policy and put the hospital’s reputation at risk.
In his defence, Shiba denied acting inappropriately or unprofessionally towards NK, but had no witnesses to corroborate his version.
Acting Judge N Zwane said despite Shiba’s defence that his workplace interactions with NK were of a professional nature, the evidence contradicted this.
The judge noted that the CCMA relied on a minor error where the hospital said Shiba’s behaviour continued 14 months as opposed to four months. The judge said this was not an issue as the fact remained that Shiba continued with his efforts to reconcile with NK despite knowing his advances were not welcome.
“In … the circumstances, it is my view that the CCMA committed a gross irregularity which distorted the outcome of the arbitration proceedings,” the judge said.
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