Jonathan Goldberg

The labour courts distinguish between the two offences of insolence and insubordination.

Insolence warrants disciplinary action and if it is particularly serious, dismissal. It includes impudence, cheekiness, disrespect or rudeness. It is a central tenet of the employment relationship that the employer and employee are to be treated with respect and employees cannot overstep boundaries and be rude and disrespectful to their employers or those in authority.

In a recent case, a meeting was held where two managers were addressing staff on the installation of cameras in company motor vehicles. An employee became argumentative and disruptive and was asked to leave. He turned back and stated that he was not scared of the manager who asked him to leave and wagged his finger at him.

The employee had argued that the installation of cameras in vehicles invaded employees’ privacy.

The employer found this behaviour disruptive in that he continually argued with managers and was insubordinate. At the arbitration, the employee’s response was that although he had disagreed with the managers present, he had conducted himself in a respectable and polite manner.

The CCMA commissioner found it probable that the employee had acted as he did as he was angry at the way in which he was addressed and such conduct was not in line with the employer’s code of conduct. In addition, if the employee was aggrieved at the decision taken, he should have followed the employer’s grievance procedure.

Managers, particularly senior managers, are entitled to be treated with respect and it was for this reason that the commissioner found the employee’s dismissal to be both procedurally and substantively fair.

The critical point is that employees are required to show respect to their employers, even in the course of disciplinary enquiries.

l Jonathan Goldberg is the CEO of Global Business Solutions. Contact the company by e-mail at execoffice@globalbusiness.co.za