Durban - A large national logistics company should not have fired a Durban manager for “venting” on Facebook after she heard she faced possible retrenchment– but instead should have given her counselling.
A long-serving customer relations manager at Value Logistics, Lynn Robertson, was reinstated by an arbitrator who ruled that she was obviously highly traumatised, and her posting was “an expression of hurt” .
“Retrenchment is a traumatic event in the working life of any individual … it is not uncommon for workers to suffer from depression and in some instances feel suicidal,” said Leon Pillay, a commissioner for the National Bargaining Council for the Road Freight Industry who arbitrated in the recent matter between Robertson and Value Logistics.
“Support from friends and family is most needed and her posting on Facebook was an attempt to receive that,” he said.
“While it is understandable that the company would want to avoid panic amongst other employees by requesting confidentiality, it seems unfair that during such a traumatic time, she should be prevented from discussing the matter with friends or others who could offer support.”
Robertson, who is suffering from cancer, had worked for the company since 1994 and was dismissed at the end of April this year at a time when she was being consulted by human resources manager Ruth Sibisi about possible retrenchment “for operational reasons”.
“She was surprised and upset at the prospect,” Pillay said in his written ruling. She disclosed to the HR manager that she had cancer, her husband was a pensioner, she was concerned about medical aid, and she was concerned about her future because she only had five years to go until retirement.”
A few days later, while on Facebook with friends who were former employees of the same company, she posted: “Amazing ladies, I have been retrenched by Jill Whittle and Ci. 20 yeRs and now good bye, no prior notification (sic).”
At a disciplinary hearing the company accused her of gross misconduct, alleging she had defamed the senior employee, provided untrue or misleading information, had caused disruptions in the workplace and brought the company’s name into disrepute in a public forum.
Whittle denied being involved in the retrenchment process and refused to accept Robertson’s apology.
Robertson was found guilty and dismissed.
More at http://www.iol.co.za/news/crime-courts/facebook-venting-employee-reinstated-1.1922761#.VguEtH2-Opo