Shouted at your boss? The Labour Court just backed a dismissal for it

You can be fairly dismissed for a serious, sustained challenge to your boss's authority, even if you never refused a specific instruction. That is the effect of a Labour Court ruling in Johannesburg that cancelled a factory worker's reinstatement and five months' back pay (IOL).

Acting Judge Motshekga found that South Ocean Electric Wire fairly dismissed an extrusion machine operator for gross insubordination after he shouted at his team leader on the shop floor (Joburg ETC).

What happened at the factory?

The operator had signed up to work overtime from 6am to 6pm on 3 and 4 June 2023. Leaving an overtime shift early needed a pass-out, which the company kept for emergencies (IOL).

According to the company's evidence, he asked to leave at 3pm to buy groceries and do laundry. Management said no. He then changed out of his protective clothing, demanded the pass-out and shouted at his team leader while pointing his finger at her, first in an office and then in front of other operators (IOL). He denied shouting or being rude.

The court found the confrontation ran from shortly after 3pm until between 3.30pm and 4pm. The production manager eventually signed the pass-out to calm things down, and the worker was charged, found guilty at a hearing on 12 June 2023 and dismissed (Joburg ETC).

Why did the arbitrator side with the worker?

NUMSA took the case to the Metal and Engineering Industries Bargaining Council. The commissioner there found the company had not proved the worker refused a lawful and reasonable instruction, called his conduct "insolence" rather than insubordination, and ordered his reinstatement with five months' pay (IOL).

Why did the Labour Court overturn it?

The court said the commissioner tested the wrong offence. Refusing an instruction is one charge. Gross insubordination, as the company's code described it, can also be a "deliberate and serious challenge to the employer's authority, without an instruction having been given or disobeyed" (judgment extract, AJNEL).

It found the worker said he would leave with or without permission, told staff he did not report to the production manager, refused to go back to work or put his protective clothing back on, and kept shouting in front of colleagues. That went "beyond contempt to defiance and disobedience", the judgment says (AJNEL).

The court also found:

• three company witnesses' evidence of the shouting was never challenged in cross-examination (IOL)
• signing the pass-out to restore order did not mean the company accepted his behaviour (AJNEL)
• the team leader testified she was afraid and did not want to work with him again, which showed the trust relationship had broken down (Joburg ETC)

NUMSA argued the disciplinary code did not allow dismissal for a first offence. The court read the code as recommending dismissal for a first offence of gross insubordination, while stressing the code is a guideline and each case turns on its facts (IOL).

Does this mean any argument with a manager can get you fired?

No. The court stressed this was not a brief outburst and weighed how long it lasted, who saw it and whether trust could be repaired (IOL). A once-off rude remark can still be treated as a lesser offence calling for a warning, depending on your employer's code and the facts.

What can you do if you think you were unfairly dismissed?

You have 30 days from the date of dismissal to refer an unfair dismissal dispute to the CCMA or your bargaining council. If you lodged an internal appeal, the 30 days run from the date of the appeal decision (CCMA).

• Unfair labour practice: 90 days (CCMA)
• Discrimination: six months (CCMA)

You refer the case on LRA Form 7.11, which you can file on the CCMA's online referral page. You must serve a copy on your employer and attach proof that you did, such as a registered mail slip or a signed receipt (CCMA, CCMA Rule 10).

If you miss the deadline, you need to apply for condonation and explain the delay. The CCMA won't look at the merits until the late referral is excused (CCMA).