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IOL Business reports the Labour Court in Cape Town found a CCMA commissioner’s conduct “unacceptable” during a hearing into the dismissal of a Lufthansa subsidiary’s employee after his refugee status expired. Yet, it found that the outcome that the termination of his employment had been fair and should be upheld.
ony Muyulenu, a refugee from the Democratic Republic of Congo, had worked for Lufthansa InTouch, a subsidiary of airline Lufthansa, since 2009. Muyulenu's refugee status expired in July 2023 and was not renewed, making it illegal for him to continue working in SA. Following this, he was dismissed for incapacity. The court found that the dismissal itself was legally sound as continued employment would have been illegal under SA’s Immigration Act.
However, it did not hold back in its criticism of the CCMA commissioner. It described her conduct as “unacceptable,” highlighting a series of chaotic and confrontational moments during the arbitration. Muyulenu was repeatedly interrupted, given confusing guidance on cross-examination, and argued with over whether French qualified as a critical skill. The CCMA drama peaked during a tense debate over a letter he wanted to rely on, ending with the commissioner snapping: “well, maybe you shouldn’t be so flippant with me, because you need to prove your case.” Instead of sending the matter back for another arbitration, the court decided there would be no point as any fresh hearing would inevitably uphold the dismissal,
- Read the full original of the report in the above regard by Nicola Mawson at IOL Business
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