A Gauteng woman, Puseletso Lebyane, who told her sick colleague that she should die, is fighting to keep her job after the Labour Court in Johannesburg dismissed a ruling that had cleared her of wrongdoing.
Lebyane was previously exonerated by the Commission for Conciliation, Mediation, and Arbitration (CCMA) after her employer, Tempest Car Hire, dismissed her from work.
In a court judgment, it was noted that on March 11, 2021, Tasha Moodley, feeling unwell, decided to sit in the kitchen at work and informed her colleagues, including Lebyane, of her condition. When they were alone, Lebyane told Moodley, "you should die," but shortly after, she claimed it was meant as a joke.
Moodley lodged a grievance against Lebyane, leading to a hearing in April 2021. During this hearing, Lebyane admitted to telling Moodley she should die. In May 2021, she received a notice to attend a disciplinary hearing, where she was charged with offensive and unacceptable behaviour towards a colleague.
Lebyane was found guilty and dismissed in May 2021. Her appeal against the dismissal was unsuccessful, so she took the matter to the CCMA, where she was successful. By this time, Moodley had resigned due to Lebyane's conduct and returned to Durban for support from her family.
Disgruntled by CCMA’s ruling, Lebyane’s employer referred the matter to the labour court where the matter was heard by acting judge Hlalele Molotsi.
After reviewing the evidence, Judge Molotsi said the commissioner made an unreasonable award because of the wrong assessment of evidence.
“The wrong credibility findings made by the commissioner against the applicant’s witnesses influenced the outcome of the arbitration. This constituted gross irregularity on the part of the commissioner,” he said.
Judge Molotsi noted that the commissioner had overlooked evidence showing how Lebyane’s words deeply distressed Moodley, ultimately leading to her resignation.
“The arbitration award of the commissioner fell outside the band of reasonableness. The arbitration award issued by the commissioner was not the award which a reasonable decision maker could have arrived at. Consequently, the award must be reviewed and set aside,” he said.
Judge Molotsi sent the matter back to the CCMA to be heard by another commissioner.
sinenhlanhla.masilela@iol.co.za
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