Assault claim against municipal manager costs Oudtshoorn employee his job
An Oudtshoorn employee who accused the municipal manager of assault has lost his bid for reinstatement, despite 18 years of service.
A South African municipal employee accused his manager of assault following a heated confrontation, but his job was not reinstated despite 18 years of clean service. The Labour Court upheld the municipal's decision, finding the employee's dismissal for misconduct was reasonable. The worker, a senior superintendent in the Parks Division, earned R41,563.71 per month.
The dispute stemmed from an internal restructuring that assigned him to a new role. When he refused to report to his new position, the municipal manager, Hendricks, instructed him to return to his previous workstation. The employee, along with two colleagues, confronted Hendricks, leading to an altercation in the foyer. The employee alleged Hendricks pushed him and acted threateningly.
However, the arbitrator found Hendricks only gently touched the worker's shoulder to guide him out. The arbitrator also deemed the employee's threats and refusal to comply with the manager's instructions as misconduct, despite his long tenure and clean record.
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