Law@Work
Labour Matter: Gross Insolence
Coca-Cola Namibia Bottling Company (Pty) Ltd v Nghiyoonanye in the “ Insolence employment situation is based on the employee’s obligation to show common respect and good manners towards his or her employer. Insolence has been described as impudence, cheekiness, disrespect and rudeness.
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Written by Tutala Uushona
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ross Insolence is a common law act of misconduct which ordinarily – in the event of a guilty finding - carries a presumption of dismissal even as a first offence. As a common law offence, an employee may be charged with gross insolence whether such offence is listed under the employer’s code or not. Like gross insubordination, gross insolence is one of those charges that is often misused and proffered – inappropriately – as a charge in various circumstances. One such instance can be found in the matter of Coca-Cola Namibia Bottling Company (Pty) Ltd v Nghiyoonanye, the analysis of which forms the basis of this article. Central to this discussion, and the Judgement of Justice Parker, is the circumstances under which a charge of this magnitude may be deemed inappropriate and the impact such a finding may have on determining a labour dispute. 14
In this matter, the regional logistics manager of Coca-Cola Namibia Bottling Company (the appellant) overheard the first respondent speaking with colleagues. The first respondent stated that the COVID-19 pandemic was brought to Namibia by white people, and they should leave the country. Upon hearing this, the manager requested that the statement be repeated, which the first respondent did. The first respondent’s supervisor, having noted the comment may have offended the manager – who was white – directed the first respondent to apologize to the manager, which instruction was obliged. Nonetheless, this culminated in the charging of the first respondent with gross insolence and his subsequent dismissal, which dismissal was upheld by an internal appeals body. However, upon application to the Office of the Labour Commissioner and the
