Mr J Kruger appeared before a disciplinary hearing in 2007 for calling his supervisor Mr A Mboweni a “K…..”. Mr Kruger pleaded guilty at the enquiry and attributed his utterances to stress as mitigation. A plea bargain was struck and as an outcome he was issued with a Final Written Warning, placed on 10 days suspension without pay and instructed to go for counselling. Senior Management at SARS responded by declining the chairperson’s recommendations. Given the gravity of the case Senior Management imposed a sanction of dismissal with immediate effect.
Mr Kruger referred the matter to the CCMA on the grounds on unfair dismissal. The CCMA ruled in favour of Mr Kruger and ordered SARS to reinstate Mr Kruger. SARS appealed the CCMA’s ruling in the Labour Court and Labour Appeals Court.
The Constitutional Court on the 8th November 2016 ruled that SARS was justified in dismissing JJ Kruger a former employee of SARS for using the “K” word to his supervisor Mr A Mboweni.
Chief Justice Mogoeng Mogoeng rules as follows:
• Leave to appeal is granted.
• The appeal is upheld.
• The orders of the Labour court and Labour Appeals Court are set aside and replaced with the following
The review application succeeds. The part of the arbitrator’s award, whereby Mr JJ Kruger was reinstated at SARS is set aside and replaced with the following
• SARS is to remunerate Mr Kruger a salary equivalent to 6 months of his salary at the time of his dismissal.
• Each party is pay for its own costs, in the Constitutional Court and the Labour Appeal Court