Puseletso Lebyane, a Gauteng woman who warned a sick colleague to die, is battling to preserve her work after the Labour Court in Johannesburg rejected a verdict that absolved her of wrongdoing.
Lebyane was earlier exonerated by the Commission for Conciliation, Mediation, and Arbitration (CCMA) after her employer, Tempest Car Hire, terminated her.
According to a court decision, on March 11, 2021, Tasha Moodley felt ill and decided to sit in the kitchen at work, informing her coworkers, including Lebyane, of her health. When they were alone, Lebyane told Moodley, “You should die,” but later claimed it was a joke.
Moodley filed a grievance against Lebyane, resulting in a hearing in April 2021. During the hearing, Lebyane admitted to telling Moodley she should die. In May 2021, she was summoned to a disciplinary meeting, where she was charged with disrespectful and unprofessional behavior toward a coworker.
Lebyane was found guilty and subsequently sacked in May 2021. Her appeal against the dismissal was unsuccessful, so she brought the case to the CCMA, where she won. Moodley had quit owing to Lebyane’s actions and returned to Durban seeking assistance from her family.
Dissatisfied with the CCMA’s decision, Lebyane’s employer referred the case to the labour court, where it was heard by acting judge Hlalele Molotsi.
After reviewing the evidence, Judge Molotsi said the commissioner made an unreasonable award because of the wrong assessment of evidence.
“The wrong credibility findings made by the commissioner against the applicant’s witnesses influenced the outcome of the arbitration. This constituted gross irregularity on the part of the commissioner,” he said.
Judge Molotsi noted that the commissioner had overlooked evidence showing how Lebyane’s words deeply distressed Moodley, ultimately leading to her resignation.
“The arbitration award of the commissioner fell outside the band of reasonableness. The arbitration award issued by the commissioner was not the award which a reasonable decision maker could have arrived at. Consequently, the award must be reviewed and set aside,” he said.
Judge Molotsi sent the matter back to the CCMA to be heard by another commissioner.
