A former SA Revenue Services official claims the taxman should not have fired him for using the k-word towards his black boss because there was no breakdown of relationship as a result of his utterances.
JJ Kruger, a former Sars anti-smuggling officer based at OR Tambo International Airport, went on a racist outburst telling his boss Abel Mboweni in August 2007 that "a ka***r must not tell me what to do".
Kruger's papers were filed in the Constitutional Court in May . Mboweni, a long-time Sars employee, is now a specialist tax advisor.
Also read: There should be repercussions for racists‚ but a law would be 'problematic': Afro-Middle East Centre
At the disciplinary hearing, Kruger blamed stress for his outbursts but failed to provide evidence of stress.
The hearing found Kruger guilty and handed him a final written warning valid for six months, a 10-day suspension without pay and a requirement that he submit himself to counselling. In October 2007, then Sars boss Pravin Gordhan substituted a disciplinary hearing's sanction and fired Kruger.
Sars said that it substituted the sanction because Kruger's conduct was destructive of the relationship of trust and confidence between an employee and a public service employer under a constitutional democracy. "[Sars] found his continued employment intolerable," the taxman insists. But Kruger wants his job back and claims Sars should not have fired him because, despite his racism, there was no evidence his relationship with Sars and Mboweni had irretrievably broken down.
"There was no evidence of the irretrievable breakdown of the relationship. Not even from Mboweni against whom the misconduct was perpetrated," Kruger said in papers filed in the Constitutional Court.
According to Sars, racist, derogatory and abusive conduct by a subordinate such as Kruger towards his black supervisor was insulting and an egregious form of misconduct.
Kruger took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) which in March 2008 found that his dismissal by Sars was unfair and reinstated him because a collective agreement signed between the taxman and worker representatives prohibits overruling of sanctions.
At the CCMA, Kruger denied using the k-word against his boss.
Later, in September 2009, the Labour Court found that collective agreement was silent on substitution and therefore it was not allowed and also told Sars to review the disciplinary hearing's sanction.
Last December, the Labour Court of Appeal also found that Sars did not have the power to substitute sanctions by the dispute resolver.
The matter will be heard in the Constitutional Court next month.
sidimbal@sowetan.co.za
Fired SARS 'racist' wants his job back - stress blamed for using the k-word
A former SA Revenue Services official claims the taxman should not have fired him for using the k-word towards his black boss because there was no breakdown of relationship as a result of his utterances.
JJ Kruger, a former Sars anti-smuggling officer based at OR Tambo International Airport, went on a racist outburst telling his boss Abel Mboweni in August 2007 that "a ka***r must not tell me what to do".
Kruger's papers were filed in the Constitutional Court in May . Mboweni, a long-time Sars employee, is now a specialist tax advisor.
Also read: There should be repercussions for racists‚ but a law would be 'problematic': Afro-Middle East Centre
At the disciplinary hearing, Kruger blamed stress for his outbursts but failed to provide evidence of stress.
The hearing found Kruger guilty and handed him a final written warning valid for six months, a 10-day suspension without pay and a requirement that he submit himself to counselling. In October 2007, then Sars boss Pravin Gordhan substituted a disciplinary hearing's sanction and fired Kruger.
Sars said that it substituted the sanction because Kruger's conduct was destructive of the relationship of trust and confidence between an employee and a public service employer under a constitutional democracy. "[Sars] found his continued employment intolerable," the taxman insists. But Kruger wants his job back and claims Sars should not have fired him because, despite his racism, there was no evidence his relationship with Sars and Mboweni had irretrievably broken down.
"There was no evidence of the irretrievable breakdown of the relationship. Not even from Mboweni against whom the misconduct was perpetrated," Kruger said in papers filed in the Constitutional Court.
According to Sars, racist, derogatory and abusive conduct by a subordinate such as Kruger towards his black supervisor was insulting and an egregious form of misconduct.
Kruger took the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA) which in March 2008 found that his dismissal by Sars was unfair and reinstated him because a collective agreement signed between the taxman and worker representatives prohibits overruling of sanctions.
At the CCMA, Kruger denied using the k-word against his boss.
Later, in September 2009, the Labour Court found that collective agreement was silent on substitution and therefore it was not allowed and also told Sars to review the disciplinary hearing's sanction.
Last December, the Labour Court of Appeal also found that Sars did not have the power to substitute sanctions by the dispute resolver.
The matter will be heard in the Constitutional Court next month.
sidimbal@sowetan.co.za
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending
Latest Videos