- A DSV operations manager lost his job after swearing at and physically confronting a subordinate during an argument about overtime.
- The Labour Court ruled that provocation does not excuse aggressive behaviour by a manager in the workplace.
- The judgment confirms employers do not need a formal zero tolerance policy for a dismissal to be fair.
A recent judgment by the Labour Court in Cape Town has reinforced that managers who use abusive language towards subordinates can legally be dismissed for serious workplace misconduct.
The court dismissed Robert Lebi’s review application, which means the CCMA arbitration award that upheld his dismissal by DSV Solutions remains in place.
Overtime dispute escalated
The confrontation started in December 2022 when employee Pearl van der Merwe insisted on working overtime, and Lebi refused her request. The disagreement quickly turned into a heated argument, and both used strong language before Lebi told her to “stop f***ing interrupting me”.
As Van der Merwe turned to leave, Lebi followed her and turned her around by the shoulders in front of other employees. Both were later subjected to disciplinary hearings and dismissed after the incident.
What the court found
Lebi admitted to swearing and physically turning his subordinate, but argued that dismissal was too harsh. He disputed whether he had used one or two hands and whether he had sworn once or several times, relying on provocation as his main defence.
Acting Judge W Jacobs found those details did not matter. The judge said that physically turning a subordinate who was trying to walk away amounted to assault.
The court also found that whether Lebi swore once or three times was “of little consequence” because the language was unacceptable for a manager speaking to a female subordinate.
Provocation was no defence
Lebi argued that DSV had not proved a breakdown in the trust relationship and that there was no formal zero tolerance policy. The court rejected both arguments.
It found that serious misconduct can show a loss of trust and that dismissal should be judged based on the facts of each case, not whether a written policy exists.
Finding that Lebi’s behaviour was aggressive rather than defensive, the Labour Court dismissed his review application and made no order as to costs.
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