SA Labour Court Upholds Compensation for Bakery Manager Sacked Over Bible Verse

CAPE TOWN – The Labour Court of South Africa has upheld a ruling ordering a Cape Town supermarket to compensate a Zimbabwean bakery manager who was dismissed for posting a controversial biblical verse on his WhatsApp status. Judge Tapiwa Cecilia Gandidze dismissed an application by Erarite (Pty) Ltd (trading as Khayelitsha SuperSpar) to overturn a previous decision by the Commission for Conciliation, Mediation and Arbitration (CCMA), which found the firing of Cloudious Gogo to be substantively unfair.

The legal battle began in July 2022, a period marked by heightened xenophobic tensions in South Africa. Gogo, a Zimbabwean national holding a managerial position, posted a passage from Deuteronomy 28:43-44 on his WhatsApp status. The verse reads:

“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.”

At the time, a Facebook group had been targeting the supermarket, accusing it of favoring foreign workers over locals and calling for protests. The employer argued that Gogo’s post was provocative, harmful, and risked inciting violence in an already volatile environment.

While Gogo removed the post within minutes and issued an apology, he was nonetheless dismissed. During the initial CCMA arbitration, the commissioner ruled that while the post was "inappropriate and ill-judged," it did not warrant the "capital punishment" of employment law dismissal. Gogo was awarded three months’ salary as compensation.

The employer appealed to the Labour Court in Cape Town, contending that the commissioner downplayed the seriousness of xenophobia. However, Judge Gandidze noted:

• No Incitement: The post did not constitute hate speech or a direct call to violence.

• Contextual Distinction: There was a clear difference between Gogo’s private status and the external groups actively organizing protests.

• Managerial Discretion: The court reiterated that commissioners must make independent value judgments on fairness rather than simply deferring to the employer's severity.

The ruling serves as a landmark for South African labour law regarding social media conduct and religious expression. Legal experts suggest the case highlights the necessity for "proportionality" in disciplinary actions.

"The court emphasized that a 'grave error of judgment' does not automatically justify dismissal if the employment relationship can still be salvaged or addressed through a final written warning," noted one legal analyst following the proceedings.

Because Gogo did not seek reinstatement, the court’s decision settles the matter with the original compensation order. Both parties were ordered to cover their own legal costs.

South Africa Labour Court ruling