Michael makes a very good point as regards the flexibility of an internal disciplinary hearing because the employer could thus have had some leeway as regards the wording of the charges.
However, I must point out that at the CCMA the arbitration hearing is a hearing de novo. As the CCMA arbitration hearing is a legal forum there is no flexibility as regards the wording of the charges and the proof of guilt. As such, I think the employer would have to bring at least one witness to the arbitration hearing to state that the employee’s conduct made him or her believe that the assailant worked for a bad employer.
Also, there is no information in the scenario indicating that the assailant who committed the offence was a colleague of the victim. I therefore see him as a shopper who assaulted the supermarket cashier.
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