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A manager was appointed to represent the employer in retrenchment consultations with his subordinates. At the first consultation meeting the manager informed his subordinates on record that he had been forced to conduct the consultations despite his opposition to the proposed retrenchments. The manager was fired for disloyalty to the employer due to having made this statement.
Was the dismissal substantively fair?Announcing to the affected employees that he was opposed to senior management’s decision could have undermined senior management in the eyes of the employees. This could be viewed as a serious offence even if senior management’s decision was proven to be a bad one. However, whether this offence merits dismissal will depend on the effect it actually had on the affected employees. If they understood that their manager was merely distancing himself from the decision so as to preserve his relationship with his subordinates and if the announcement did not interfere with their participation in the retrenchment process, a dismissal would be unfair because the consequences of the manager’s actions did not make it a gross offence.
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