The Labour Court in Johannesburg has ordered Akani Egoli (Pty) Ltd, which operates Gold Reef City, to pay R229,600 in compensation to an employee who faced disciplinary action after raising concerns about alleged irregularities in a recruitment process.
Acting Judge Ndivhuho Tshisevhe ruled that employee Lindokuhle Kunene suffered an occupational detriment after reporting suspected improprieties related to the hiring of an Events Manager.
Kunene, who has worked as a Marketing Producer at the company since 2021, applied for the Events Manager role when it was advertised in September 2023. He was not shortlisted and was told he did not meet the required experience for the position.
During a grievance hearing in January 2024, Kunene presented the CV of the successful candidate, Ashleigh Scott Roux, arguing that she did not meet the minimum qualifications outlined in the job advertisement. He also alleged that the recruitment process had been irregular and that a senior manager had improperly influenced the appointment.
Soon after raising these concerns, Kunene faced disciplinary charges. The company accused him of breaching the Protection of Personal Information Act, violating the organisation’s whistleblowing policy and committing gross dishonesty over how he obtained the CV. The process resulted in him receiving a final written warning.
Kunene challenged the disciplinary action, arguing that it was retaliation for whistleblowing.
The Labour Court examined whether Kunene’s actions constituted a disclosure under the Protected Disclosures Act, whether the disclosure was protected, whether he suffered an occupational detriment and whether there was a direct link between his disclosure and the disciplinary measures taken against him.
Judge Tshisevhe found that Kunene’s statements during the grievance process qualified as a protected disclosure under the Act. The court emphasised that employees are only required to have a reasonable belief that wrongdoing occurred, rather than proving the accuracy of the information they disclose.
The judgment also highlighted inconsistencies in the evidence relating to the qualifications and experience of the appointed candidate. The court described aspects of the recruitment process as questionable and criticised the conduct of senior management.
The employer’s argument that no occupational detriment had occurred was rejected. The court determined that the disciplinary charges were directly linked to Kunene’s disclosure and amounted to retaliation.
The ruling concluded that the disciplinary action constituted an unfair labour practice under the Labour Relations Act.
Although Kunene initially sought 12 months’ compensation totalling R344,400, the court awarded him eight months’ salary, amounting to R229,600, finding the amount fair under the circumstances.
In addition, the company was ordered to cover the reasonable litigation costs incurred by Kunene, who represented himself in the case.
The court also stressed the importance of protecting whistleblowers, warning that employers who retaliate against employees for raising legitimate concerns should expect legal consequences.
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