Labour Court rules in favour of Zimbabwean bakery manager dismissed for posting bible verse on WhatsApp group

A Zimbabwean bakery manager dismissed for sharing a controversial Bible verse during a period of heightened xenophobic tension has won compensation after the Labour Court in Cape Town ruled that his dismissal was too harsh.

Judge Tapiwa Cecilia Gandidze dismissed an application by Erarite (Pty) Ltd t/a Khayelitsha SuperSpar to overturn a ruling by the Commission for Conciliation Mediation and Arbitration (CCMA), which had found the dismissal of Cloudious Gogo substantively unfair.

Gogo, who worked as a bakery manager, was dismissed in July 2022 after posting a biblical passage from Deuteronomy on his WhatsApp status. The verse referenced foreigners gaining power over locals.

“Foreigners who live in your land will gain more and more power while you gradually lose yours. They will have money to lend you, but you will have none to lend them. In the end, they will be your rulers.” read the verse.

The employer viewed the message as provocative and harmful.

Gogo’s post came at a time of significant tension within the workplace. A Facebook group had accused the supermarket of employing foreign nationals at the expense of local workers and called for protests. The situation escalated to the point where authorities, including the police, were alerted amid fears of unrest.

Although Gogo removed the WhatsApp status within minutes and apologised, disciplinary action followed, culminating in his dismissal.

At arbitration, Gogo admitted to posting the message but argued that dismissal was excessive and that a final written warning would have been sufficient.

The CCMA commissioner agreed, finding that while Gogo’s conduct was inappropriate and ill-judged, it did not warrant dismissal. Instead, the commissioner awarded him three months’ salary as compensation, noting that Gogo did not seek reinstatement.

Unhappy with the outcome, the employer approached the Labour Court, arguing that the commissioner had failed to appreciate the seriousness of xenophobia and the volatile environment at the time.

The company contended that Gogo’s post risked inflaming tensions, undermined trust, and justified dismissal — particularly given his managerial position.

Judge Gandidze rejected the employer’s arguments, finding that the commissioner had properly considered the context, the nature of the misconduct, and the applicable legal principles.

The court emphasised that while Gogo’s conduct was a “grave error of judgment,” it did not amount to hate speech, nor did it incite violence. The judge noted that the commissioner had drawn a reasonable distinction between Gogo’s actions and those of the Facebook group, which had actively called for protest action.

Importantly, the court reiterated that commissioners are required to make independent determinations on the fairness of dismissals, rather than simply defer to employers.

“The commissioner made a value judgment,” the court said, adding that disagreement with that judgment is not sufficient grounds for review.

The judge further highlighted that not all employees involved in the broader xenophobia-related incidents were dismissed, weakening the employer’s argument that dismissal was the only appropriate sanction.

The court dismissed the review application and made no order as to costs, meaning each party must pay its own legal expenses.