Manager fired for swearing at during heated exchange loses Labour Court battle

A Cape Town operations manager, RL, who was fired for using abusive language and physically grabbing a female subordinate during an argument, has lost his appeal to overturn the dismissal. The Labour Court in Cape Town ruled that the dismissal was substantively fair, based on the arbitrator's decision. The dispute began in December 2022 when RL refused a colleague's request for overtime, leading to a heated argument.

Both parties used profanity during the confrontation, and RL attempted to turn the woman around physically. Despite RL's admission of swearing and physically turning the woman, the court found that his actions were aggressive and unacceptable in the workplace. RL's arguments, including that the arbitrator failed to consider his written submissions and that DSV bore the burden of proof, were rejected by the court.

The court found that RL's behavior, despite occurring in a high-volume and volatile work environment, was not justified and that DSV did not need a zero-tolerance policy to justify dismissal. The court concluded that the arbitrator's decision was reasonable and supported by the evidence, dismissing RL's appeal.