Labour Court upholds dismissal of SAHRC CFO after sending 'disrespectful' emails to CEO
The Labour Court has dismissed former SAHRC CFO Petrus Makaneta’s bid to overturn a CCMA ruling that upheld his dismissal over the tone and contents of an email sent during a dispute about funding for an overseas trip.
The South African Human Rights Commission's former Chief Financial Officer, Petrus Makaneta, has been dismissed by the Labour Court in Johannesburg, confirming the fairness of his 2019 dismissal due to misconduct. The dispute originated from emails sent by André Gaum, another SAHRC commissioner, to the CEO in 2018. Gaum invited the chairperson of SAHRC to an Australian conference, forwarding the information to all commissioners.
Gaum stated that the chairperson mentioned available funds for the trip, recommending a business class flight due to the long journey. However, it was later discovered that the funds were not available. This led to escalating email exchanges between the chairperson and Makaneta, who denied confirming surplus funds. Makaneta copied senior managers into his responses, accusing the chairperson of repeatedly dragging his name into the matter.
The chairperson deemed Makaneta's tone inappropriate, discourteous, and intolerant. The CEO then asked Makaneta to explain why he shouldn't face disciplinary action for gross insubordination. Instead, Makaneta was charged with gross insolence, insubordination, and offensive behavior. The Labour Court upheld the CCMA's decision, dismissing Makaneta's review application, as the CCMA commissioner had not made any reviewable irregularities and the dismissal was substantively and procedurally fair.
The court found that Makaneta's email to the CEO was disrespectful, combative, and lacked remorse, making the CCMA's decision reasonable.
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