A former Executive Head of HR at Nedbank, who was dismissed after making racially discriminatory remarks by stating 'black people are lazier and more incompetent than white people,' had her review application dismissed by the Labour Court in Johannesburg.

Anele Makhosazana Mpungose was the Executive Head of Human Resources in Nedbank after she was employed at the bank on May 1 2015.

Mpungose was placed on precautionary suspension pending investigation into allegations of misconduct.

She faced seven charges of alleged gross misconduct. During the hearing, three charges were withdrawn.

She was charged with several offences which related to the treatment of her subordinates and dishonesty against her employer.

The matter was heard at the Commission for Conciliation, Mediation and Arbitration (CCMA).

Commissioner Michael Boyce found her guilty of harassment, victimisation and bullying. She was eventually dismissed on May 19 2019.

In court papers, it was stated that on numerous occasions Mpungose made remarks that were disrespectful, offensive, humiliating, and derogatory towards fellow employees.

In August 2017, she referred to Simphiwe Dlamini and Nhlamula Khoza as a ‘bunch of idiots’.

In July 2018, she made derogatory remarks about Dlamini saying that he was stupid, useless, could not be trusted, should be a man, was weak, and should explain why he was weak.

Mpungose made the remarks while other employees could hear her shouting at him.

She was accused of resorting to racial stereotyping and unfairly discriminating against people on racial grounds by saying that ‘black people are lazier and more incompetent than white people’ and ‘black people don't deliver.’

It was reported that she criticised the performance and leadership of Nedbank's black executives during off-site engagement with subordinates.

She also told a colleague that "you cannot let this white boy beat you", referring to a white male colleague.

The charge of dishonesty emanates from an agreement which Mpungose had with a person named MJ Thwala where she took a BMW X6 Xdrive 35i using her details in order to ensure financing with Nedbank.

The agreement set the repayment at 6.5%, whereas the prime rate at the time was 9% per annum.

It was said her conduct prejudiced her employer because Thwala was not entitled to receive those benefits and if he had applied for the finance himself, he would not qualify for a favourable interest rate.

After her dismissal, she approached the labour court for review on the matter saying she was not given a fair hearing and was not allowed to challenge evidence brought by Nedbank.

Mpungose also said that the arbitrator failed to apply his mind to the evidence by considered irrelevant evidence and disregarding relevant material evidence.

Furthermore, she added that the arbitrator attacked her credibility whereas he should have observed the inherent probabilities in the evidence resulting in him having disregarded material evidence.

Acting Judge S Dadabhai, who presided over the hearing, said commissioner Boyce understood the gravity of the charges levelled against Mpungose when making his findings.

"He also took the totality of the evidence into consideration and not in a piecemeal manner as argued but the applicant."

Regarding Mpungose’s arguments that she failed to receive a fair arbitration hearing, Judge Dadabhai said the record indicates otherwise.

"The applicant was afforded a full opportunity to cross-examine all the witnesses and to call her own...In my view the arbitrator has sewn the evidence of all the witnesses together and on a balance of probabilities creates an impregnable mosaic or truth and his decision falls within the decisions a reasonable decision maker could render,’’ said the judge.

The judge said Nedbank proved that Mpungose's dismissal was fair.

As a result, her application was dismissed.

brenda.masilela@iol.co.za

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