The Labour Court upheld the decision that Pinnacle Security Ltd T/A Pinnacle Security Group fairly dismissed security guard Chris Mabuza after he admitted approaching a female employee from behind, touching her and kissing her cheek without invitation. The determination was signed on 19 December 2016.
Mabuza appealed an Adjudication Officer’s finding that his dismissal was not unfair. The Court found that his conduct seriously infringed the employee’s bodily integrity and was aggravated by his position of trust and the fact that she was alone at work. It accepted that the disciplinary process had a flaw because he was not given a copy of her written complaint, but said he knew its substance and had a fair opportunity to respond. The Court concluded that dismissal was reasonable and proportionate.