Labour Court rules on job hunting legality

A LABOUR Court ruling has reinforced that South African employees cannot be fired simply for looking for another job, even if that job is with a competitor.

- NICOLA MAWSON

In a recent judgment, the Labour Court in Johannesburg found that Lucchini South Africa unfairly dismissed its Safety, Health, Risk and Quality manager, Vishen Mahabeer, after less than six months of employment.

Lucchini South Africa took the Commission for Conciliation, Mediation, and Arbitration (CCMA) to court to overturn its finding that Mahabeer was fired unfairly. Both the CCMA and the court described Lucchini's misconduct charges as "trumped-up".

The charges included claims that he secretly negotiated a job with a direct competitor while still employed and tried to pressure the company by raising the value of its intellectual property during settlement talks.

Mahabeer was also charged with failing to disclose his job negotiations during retrenchment consultations, refusing to hand over a work laptop password after being suspended, and dishonestly claiming a R20 000 relocation allowance despite allegedly not relocating.

The CCMA ruling under challenge found the dismissal substantively unfair and ordered Lucchini to pay Mahabeer 12 months' compensation.

While the Labour Court reduced the award to six months' salary, it upheld the finding that the dismissal itself was unfair.