Landmark Victory Highlights Importance of Fairness towards employees and that employee’s includes the employer’s managers.
In a landmark decision that underscores the importance of justice and fairness, Snyman Attorneys announces a successful outcome in the arbitration case of Christine Anne Lawson against Standard Bank SA Limited. This case, which resulted in an award of R1,698,120 to Ms. Lawson, highlights the critical role of unbiased investigations and that managers must be allowed to reasonably manage their subordinates without fearing ill conceived allegations of bullying and harassment.
A Case of Unfair Dismissal
The case centred around allegations of unfair dismissal against Ms. Lawson, the former Head of Compliance: Global Markets and Market Abuse at Standard Bank. The bank accused Ms. Lawson of gross misconduct, claiming she failed to maintain a psychologically safe environment for her subordinates, which allegedly led to emotional distress and a hostile working atmosphere.
Strategic Defence and Procedural Fairness
Representing Ms. Lawson, Arend Posthuma effectively challenged the employer’s accusations by highlighting flaws in the investigation and the lack of substantive evidence. The defence emphasised the absence of formal grievances lodged against Ms. Lawson, the biased nature of the internal investigation conducted by Standard Bank and the meritless allegations made against her by her subordinates.
The Ruling: Upholding Fairness
Senior Commissioner Eleanor Hambidge of the CCMA rendered a decision on June 9, 2024, in favour of Ms. Lawson. The arbitration award concluded that Standard Bank had failed to discharge the onus of proving misconduct and that the dismissal was substantively unfair. As a result, Ms. Lawson was awarded compensation equivalent to nine months of her remuneration, totalling R1,698,120.
Implications and Reflections
This ruling is a significant reminder for employers to not take complaints about bullying and harassment against managers at face value and to conduct proper investigations into the matter which includes hearing and properly considering the version of the manager. It underscores the importance of due process and highlights that justice must be served based on evidence and fairness, regardless of the party involved.
Our Commitment to Fair Legal Practices
At Snyman Attorneys, our commitment is to the law and ensuring that justice is upheld for all parties, whether employers or employees. We believe in the importance of fairness in every case we handle. This case, handled by Arend Posthuma, exemplifies our dedication to these principles.
About Arend Posthuma
Arend Posthuma was admitted as an attorney in 2005 and specializes in Labour and Employment Law. With extensive experience in handling a wide range of employment issues, Arend has built a reputation for his expertise in unfair dismissals, unfair employment practices, including discrimination, collective bargaining, employment equity, transfers of businesses, operational requirements, and restraints of trade.
Arend has represented both employees and public and corporate clients in various legal forums, including the CCMA, Bargaining Councils, Labour Court, and Labour Appeal Court. His proficiency in labour law is further evidenced by his appearances in the Labour Court, with several of his cases reported in Law Journals.
In recognition of his expertise and dedication to the field, Arend was appointed as an Acting Judge of the Labour Court in 2023. As one of the directors at Snyman Attorneys, Arend continues to provide exceptional legal representation and uphold the highest standards of justice and fairness in every case he undertakes.
Conclusion
We are proud of the diligent work and dedication shown by our team in achieving this outcome. This case stands as a testament to our firm’s commitment to excellence and fairness in the legal profession. We remain steadfast in our mission to advocate for justice and integrity in the workplace.
Read the ruling here – GAJB 28802-23
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