A judge has ordered a KwaZulu-Natal doctor to compensate her former employee R120 000 for an age-related dismissal conducted via a WhatsApp message, reports IOL.
Leonie Lemmer (72) was employed as a practice manager at a clinic operated by Dr Niresha Mudaly, and while on her annual leave in August 2022, received a WhatsApp message from her boss recommending she retire – and not return to work after her leave.
“Leonie, didn’t get a chance to chat to you … it’s been hectic. The practice has grown, and I will be extending the hours to a Saturday as well…I strongly recommend you retire and rest… You have worked long enough, and the stressors are impacting you mentally and physically. I trust you will understand that you should not return after your leave. Take care and wish you well,” read the message.
A shocked Lemmer requested a meeting with Mudaly to discuss the matter in person, however, Mudaly said her decision was final.
“Unfortunately, I don’t think any way of telling you to retire would have been ok… I am sure I am not the only person to advise you to retire.
“I have even advised more frequent leave to be taken, which you declined I am doing this and insisting on it just as much for your sake (not just as an employer and doctor).
“Think about it and process it in your leave and chat to loved ones who I’m sure will agree it’s the best thing for you,” Mudaly wrote.
Lemmer thanked Mudaly for the message and said that they would discuss it further upon her return.
“No Leonie … there is nothing more to say unfortunately,” Mudaly responded.
The next month, Lemmer referred an unfair dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) saying that she had been dismissed due to her age, and seeking maximum compensation.
However, Mudaly denied that a dismissal had occurred, claiming she had merely suggested retirement and expected Lemmer to return after resting.
Lemmer said Mudaly’s message had been unequivocal and her communication was clear and final: there was no indication that she was expected to resume duties.
The matter was then referred to the Labour Court where the court focused on whether an unfair dismissal had indeed occurred.
Judge Molatelo Makhura noted that despite Mudaly stating that Lemmer was not dismissed, she did not pay her salary for September 2022, which was payable on the 15th of that month. She had also recorded on the Unemployment Insurance Form (UIF) that Lemmer had retired on 31 August 2022.
The judge found Mudaly’s argument that a letter was sent to Lemmer expecting her return to work to be a deceptive attempt to conceal the dismissal.
The letter was sent only four weeks after the dismissal, nine days after she received the letter from Lemmer’s attorneys, and one day after the referral of the dispute to the CCMA.
Makhura said Lemmer was entitled to R120 000 compensation – equivalent to six months’ salary – which would be “just and equitable in the circumstances”.
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