COMMISSION STAFF ASSOCIATION OBO ROEBER-MADUBANYA v COMMISSION FOR CONCILLIATION, MEDIATION AND ARBITRATION [2018] 4 BALR 359 (CCMA)

Dismissal (Misconduct) – The applicant employee was dismissed for using racially offensive and derogatory language towards a colleague. She argued that her dismissal was not in accordance with the employer’s disciplinary code and that the sanction was too harsh.

The Commissioner held that the fact that the applicant was black made no difference and that her comment was aimed at demeaning the dignity of the complainant as a white person. The employee was accordingly found guilty as charged and that the sanction of dismissal upheld.