MUST ACTUAL DISREPUTE BE PROVEN?

An employee, while wearing the employer’s uniform bearing the employer’s name assaulted a cashier at a busy supermarket. The employee was fired for bringing the employers name into disrepute. At the CCMA the HR Manager, who was the sole witness for the employer, admitted that, after the assault, nobody had accused the employer of hiring criminals, provoking the assault, being involved in the assault, condoning the assault or of being ‘bad’ in any other way.
In his closing the employee admitted that he had committed the assault but argued that the employer had failed to present any evidence that the employer’s name had been brought into disrepute.
In view of the above, should the arbitrator uphold the fairness of the dismissal? Please provide reasons for your opinion.