Augustus v Mass Discounters (Pty) Ltd [2015] 6 BALR 643 (CCMA); (2015) 24 CCMA 8.18.7 per M Redcliffe on 24 March 2015
The commissioner found that the employer had proved that it followed a fair procedure during which the employee, a sales representative and shop steward, declined to participate. There was also clear and convincing proof of a valid and fair reason to dismiss. The reason was valid because it related to his conduct in the form of gross insubordination and making false and defamatory allegations about managers and legal advisors. The employee had also published statements on media platforms (Instagram and Twitter) that were defamatory about the company and in addition they were inappropriate, untrue and harmful to the reputation of the company. The complaints against the employee arose after he reacted badly to being refused access to certain information he had requested. It is not clear whether that information was in fact privileged and confidential. There was also a fair reason to dismiss because by his conduct he had rendered a continuing employment relationship intolerable and destroyed the necessary relationship of trust and confidence.