Labour Court rules against 'just following orders' defence in SA

DISHONESTY, even when instructed, breaches the trust at the heart of the employment relationship and can justify a dismissal, according to Amandla Makhongwana, senior associate at Bowmans.

- DIEKETSENG MALEKE

Makhongwana says the Labour Court's judgment in Mbuyane v Dekker NO and Others (JR1173/2020) [2025] ZALCJHB 224 serves as a poignant reminder that integrity is not negotiable, even under pressure from management.

Banele Innocent Mbuyane, a former treasury custodian at Standard Bank, shared operational duties with his supervisor, Ms Nkosi.

According to Amandla Makhongwana, senior associate at Bowmans: “In carrying out this function, Mbuyane and Nkosi were responsible for receiving cash from a security company, SBV.

If the amount received was incorrect, they had to return the cash to SBV and prepare balance sheets that correctly corresponded with the amounts received from SBV.”

In October 2019, Mbuyane discovered a shortfall in a coinage bag and alerted Nkosi. Despite agreeing to return the bag, “Nkosi instructed him to record the full amount that was originally ordered instead of the actual amount received,” says Makhongwana.