A party more than three years ago, during the Covid-19 pandemic, returned to haunt a bank official who had arranged the gathering, going against the bank’s Covid-19 policy, and who had posted pictures of the event on WhatsApp.
A PARTY more than three years ago, during the Covid-19 pandemic, returned to haunt a bank official who had arranged the gathering, going against the bank’s Covid-19 policy, and who had posted pictures of the event on WhatsApp.
Mmakgosi Morudu, who was the branch manager at Standard Bank’s Gezina, Pretoria branch, was subsequently dismissed by the bank for gross misconduct.
Morudu took the matter to the Commission for Conciliation, Mediation and Arbitration. The CCMA found the dismissal to be substantively unfair but procedurally fair. The commissioner ruled that Morudu should be reinstated and given a final written warning and three months’ backpay.
Unhappy with the finding, the bank turned to the Johannesburg Labour Court, which ruled in its favour and concluded that Morudu should be fired.
The bank said it had issued a Covid-19 policy that was to be followed by its employees to minimise the risks of infections at work. It also had a social media policy which stated that all employees must be aware that they were ambassadors of the Standard Bank Group and that in all situations and always, including on social media, their employment relationship should be reflected in a positive way.
The policy made it clear that failure to adhere to it could lead to disciplinary action, including summary dismissal.
Morudu was identified as being at huge risk of developing serious illness from Covid because of her comorbidities. She also signed the indemnity form and worked from home. She would work at Gezina branch only if permission was granted to her.
In May 2021, the bank issued a communication to all staff, advising them that face-to-face work-related social events of employees were not permitted.
A month later, Morudu requested permission to take branch staff to a restaurant to celebrate their performance during the difficult period.
She was told that face-to-face work-related social events for employees were not permitted.
A few days later, the bank received an anonymous email addressed to some members of senior management, alleging that the branch hosted a party, in breach of the regulations, and Morudu was also in attendance.
It was further said that those who attended the party had acted irresponsibly and had posted videos and pictures of the party on social media.
Morudu said the party had been hosted at the branch because they had not been allowed to go outside to celebrate. She said protocols had been followed and the employees had removed their masks only when they drank.
She said she had sent pictures to those who had attended the party but had removed the photos within 45 minutes. That, however, had been too late as some of the workers had shared it on social media.
After a disciplinary hearing, Morudu was fired but she received a lifeline when the CCMA ordered her reinstatement.
In deciding the bank’s application to overturn the CCMA’s finding, Acting Judge Grace Mafa-Chali said the sanction of dismissal in the case was appropriate as Morudu had been a branch manager and occupied a position of trust and responsibility.
“She recklessly endangered not only her life but of her colleagues and customers at the workplace. She had ignored all health and safety protocols, policies and procedures put in place at the workplace relating to Covid-19.”
The judge added that her 16 years service, personal circumstances and clean disciplinary record could not outweigh all the other relevant factors to be considered.
By virtue of being a branch manager, she ought to have known that she could not host the party at the branch as it had not been permitted. She had continued to host the party even though she had been told that face-to-face social events were not allowed and that they posed a huge operational risk for the bank.
Judge Mafa-Chali said Morudu had failed to show genuine remorse and, as part of her defence, had said that no one who had attended the party had become ill.
