A Cape Town operations manager who was dismissed after swearing at a female subordinate and physically grabbing her during a heated workplace confrontation has lost his bid to have the dismissal overturned.

Acting Judge W Jacobs of the Labour Court in Cape Town dismissed RL’s review application against an arbitration award that found his dismissal by DSV Solutions (Pty) Ltd to be substantively fair.

According to The Star, the court found that the arbitrator’s decision fell well within the range of decisions that a reasonable decision-maker could make on the evidence before him.

RL was appointed as an operations manager by DSV Solutions in January 2021.

The dispute arose from an incident in December 2022 involving RL and one of his colleagues, PV. PV wanted to work overtime, but RL, as her manager, refused her request. She did not accept his decision and the disagreement escalated into a heated argument.

The situation escalated when PV turned around to leave.

RL approached her and placed his hand or hands on her shoulders in an attempt to turn her around. Both RL and PV were subjected to disciplinary hearings and dismissed.

RL’s dismissal was based on charges of using abusive and offensive language on the company premises and assault.

RL referred an unfair dismissal dispute to the National Bargaining Council for the Road Freight & Logistics Industry, which was transferred to the CCMA.

The arbitrator found the dismissal was fair.

RL approached the Labour Court, seeking to review and set aside the arbitration award.

The judgment held dismissal is an operational response to an untenable situation and dismissed the application with no order as to costs.

Full report in The Star

Judgment