“She illustrated how it would be intolerable for Vearey to remain an employee, given Vearey’s conduct. It is one of the fundamentals of the employment relationship that the employer should be able to place trust in the employee,” argues Mooki.
In his response, Nortjé asserted that the “say-so of Ntshinga does not meet the threshold of ‘intolerability’ to reinstate Vearey”. Ntshinga was appointed by Sitole to chair the disciplinary process that led to Vearey’s dismissal. In her findings she concluded that anything short of firing him would amount to condoning Vearey’s conduct.that Vearey’s Facebook posts were read as tacit criticism of Sitole.
The police have until 10 November to respond to Vearey’s heads of arguments, after which the arbitrator, advocateKeep reading for just R5 for your first month. If our elections coverage helped inform your decision at the polls, cast your vote for an informed public and join our subscriber community. Get access to all our best journalism, subscriber-only newsletters, events and a weekly cryptic crossword.
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