IMATU Secures Labour Court Victory on Off-Duty Misconduct and Unfair Dismissal
IMATU is pleased to report a favourable outcome in the Labour Court matter of IMATU obo Sauls v City of Cape Town and Others (Case No. C485/2024), in which judgment was delivered on 22 January 2026.
The matter concerned the dismissal of a Learner Law Enforcement Officer for alleged misconduct committed while off-duty, following an arrest for driving under the influence of alcohol. An SALGBC arbitrator had previously found the dismissal to be substantively fair.
On review, the Labour Court set aside the arbitration award and replaced it with a finding that the dismissal was substantively unfair, ordering the employee’s retrospective reinstatement with no loss of remuneration or benefits.
The Court made several important findings, including that:
- Off-duty misconduct does not automatically justify dismissal;
- Employers must demonstrate a clear and direct link between the misconduct and the employment relationship;
- Reputational harm and future risk cannot be assumed or based on speculation;
- Dismissal must remain a measure of last resort, particularly for employees at an early stage of their careers; and
- Inconsistent disciplinary outcomes undermine claims of zero tolerance.
The Judgment is reportable and provides valuable guidance on the limits of employer reliance on off-duty conduct, reputational arguments and speculative reasoning when imposing Dismissal.
The Judgment further serves as an important reference in matters involving discipline, consistency and substantive fairness.
