Employee job search rights upheld

UNFAIR DISMISSAL

- NICOLA MAWSON

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.

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.