South Africa: Damned If You Do, Dismissed If You Don't - When the (Labour) Law Is an Ass

opinion

A recent Labour Court ruling should serve as a wake-up call for lawmakers and judges alike, and sends a chilling message to employees throughout the country -- you are on your own when faced with impossible choices between competing duties.

Listen to this article 9 min Listen to this article 9 min Picture this: you're a junior employee at a major bank and your supervisor - someone with years more experience, and authority over your career, tells you to do something you know is wrong. You've already reported a cash shortage properly, but now you're being instructed to falsify records to cover it up.

Do you refuse and risk being labelled insubordinate, potentially being sidelined or losing your job for defying authority? Or do you comply and hope that following the chain of command will protect you from consequences?

This was the impossible choice facing Banele Mbuyane, a treasury custodian at Standard Bank, whose case recently came before the Labour Court. His story illuminates a tension in employment law: the collision between an employee's duty to obey instructions and their obligation to maintain honesty and integrity.

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The outcome of his case should concern anyone who has ever found themselves caught between competing loyalties in the workplace.

The facts are straightforward yet troubling. Mbuyane discovered a cash shortage in coin bags received from a security company. He did exactly what any responsible employee should do: he reported the problem to...

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