The South African Revenue Service (Sars) has welcomed the Constitutional Court’s ruling in its favour regarding its decision to dismiss Jacobus Johannes Kruger for calling his supervisor with the k-word.
The court ruled that it was unreasonable for Sars to reinstate Kruger after his use of the k-word which saw him dismissed in 2007.
In a statement‚ the revenue service said it was committed to building a truly transformative culture that would contribute to the building of a non-racial South Africa.
“It was for this reason that Sars escalated the case to the Constitutional Court. As Sars‚ we have chosen to take a principled stand that we do not tolerate racism‚” Sars said.
Although Kruger pleaded guilty in a disciplinary hearing and was issued with a final warning letter‚ valid for six months‚ the then Sars commissioner Pravin Gordhan upgraded Kruger’s sanction and fired him.
Kruger‚ who was an anti-smuggling officer at Cape Town International Airport‚ successfully challenged his dismissal at the Commission for Conciliation‚ Mediation and Arbitration and got his job back.
Sars first appealed to the Labour Court and the Labour Appeal Court‚ without success.
It then approached the Constitutional Court‚ which set Kruger’s reinstatement aside on Tuesday.
“As Sars‚ we see this as victory for creating a non-racial society and wish to encourage all citizens and staff members to immediately report all incidents of racism.” — TMG Digital
'A victory for non-racialism' - Sars welcomes ConCourt's k-word judgment
The South African Revenue Service (Sars) has welcomed the Constitutional Court’s ruling in its favour regarding its decision to dismiss Jacobus Johannes Kruger for calling his supervisor with the k-word.
The court ruled that it was unreasonable for Sars to reinstate Kruger after his use of the k-word which saw him dismissed in 2007.
In a statement‚ the revenue service said it was committed to building a truly transformative culture that would contribute to the building of a non-racial South Africa.
“It was for this reason that Sars escalated the case to the Constitutional Court. As Sars‚ we have chosen to take a principled stand that we do not tolerate racism‚” Sars said.
Although Kruger pleaded guilty in a disciplinary hearing and was issued with a final warning letter‚ valid for six months‚ the then Sars commissioner Pravin Gordhan upgraded Kruger’s sanction and fired him.
Kruger‚ who was an anti-smuggling officer at Cape Town International Airport‚ successfully challenged his dismissal at the Commission for Conciliation‚ Mediation and Arbitration and got his job back.
Sars first appealed to the Labour Court and the Labour Appeal Court‚ without success.
It then approached the Constitutional Court‚ which set Kruger’s reinstatement aside on Tuesday.
“As Sars‚ we see this as victory for creating a non-racial society and wish to encourage all citizens and staff members to immediately report all incidents of racism.” — TMG Digital
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