South African-Based Zimbabwean Bakery Manager Fired after Posting Bible Verse on WhatsApp Group
South African-Based Zimbabwean Bakery Manager Fired after Posting Bible Verse on WhatsApp Group – A Zimbabwean bakery manager who was dismissed for sharing a controversial Bible verse on WhatsApp during a period of xenophobic tension has been awarded compensation after the Labour Court in Cape Town ruled that his dismissal was too harsh.
The ruling was handed down by Judge Tapiwa Cecilia Gandidze, who dismissed an application by Erarite (Pty) Ltd, trading as Khayelitsha SuperSpar, to overturn an earlier decision by the Commission for Conciliation, Mediation and Arbitration (CCMA).
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The CCMA had found that the dismissal of Cloudious Gogo was substantively unfair.
Gogo, who served as a bakery manager, lost his job in July 2022 after posting a passage from the book of Deuteronomy on his WhatsApp status. The verse suggested that foreigners would eventually gain power over locals, a message the employer deemed provocative given the tense environment at the time.
The incident occurred amid growing unrest, with a Facebook group accusing the supermarket of prioritising foreign workers over locals and calling for protests. Authorities, including police, were alerted as fears of violence escalated.
Although Gogo deleted the post shortly after sharing it and issued an apology, disciplinary proceedings were instituted, ultimately leading to his dismissal.
During arbitration, Gogo acknowledged posting the verse but argued that dismissal was too severe, proposing that a final written warning would have been more appropriate. The CCMA commissioner agreed, describing his actions as inappropriate but not warranting dismissal. Gogo was awarded three months’ salary as compensation, as he did not seek reinstatement.
The employer challenged the ruling at the Labour Court, arguing that the commissioner had underestimated the seriousness of xenophobia and the volatile context in which the post was made. The company maintained that Gogo’s actions risked inflaming tensions and undermined workplace trust, particularly given his managerial role.
However, Judge Gandidze upheld the CCMA’s decision, noting that while Gogo had exercised poor judgment, his conduct did not amount to hate speech or incitement to violence. The court also distinguished his actions from those of the Facebook group, which had actively encouraged protests.
The judge emphasised that arbitration commissioners are mandated to independently assess the fairness of dismissals and are not bound to adopt the employer’s stance.
“The commissioner made a value judgment,” the court ruled, adding that mere disagreement with that judgment is not sufficient grounds for review.
The court also observed inconsistencies in the employer’s disciplinary approach, noting that not all employees linked to the broader xenophobia-related tensions were dismissed.
The application for review was dismissed, with the court ordering each party to bear its own legal costs.
