Labour Court slams CCMA commissioner’s conduct but upholds Lufthansa subsidiary’s firing of refugee worker

The Labour Court in Cape Town found a CCMA commissioner’s conduct “unacceptable” during a hearing into the dismissal of a Lufthansa subsidiary’s employee after his refugee status expired.

Yet, it said the outcome that the termination of his employment was fair should be upheld.

Sony Muyulenu, a refugee from the Democratic Republic of Congo, had worked for Lufthansa InTouch, a subsidiary of global airline Lufthansa, since 2009.

Lufthansa is the flag carrier of Germany and the main airline of the multinational Lufthansa Group, a major European aviation conglomerate.

Founded in 1953 and commencing operations in 1955, Lufthansa serves hundreds of destinations from hubs in Frankfurt and Munich.

Muyulenu's refugee status expired in July 2023 and was not renewed, making it illegal for him to continue working in South Africa. Following this, he was dismissed for incapacity because his documents had not been renewed.

He was however, afforded the opportunity by Lufthansa InTouch to “reapply for any available positions once he is in possession of a document that allows him to take up employment within South Africa,” the court said.

It is legal for someone with recognised refugee status in South Africa to work, as the Refugees Act grants them the right to seek employment and self-employment

The Labour Court did not hold back in its criticism of the CCMA commissioner. It described her conduct as “unacceptable,” highlighting a series of chaotic and confrontational moments during the arbitration.

Muyulenu was repeatedly interrupted, given confusing guidance on cross-examination, and argued with over whether French qualified as a critical skill.

Yet, callin.io says on its website that South Africa’s diverse population includes communities with proficiency in European languages such as French, German, Portuguese, and Dutch.

“This linguistic versatility makes South African call centres particularly valuable for companies serving diverse international markets or targeting specific language demographics,” it said.

The CCMA drama peaked during a tense debate over a letter he wanted to rely on, ending with the commissioner snapping: “well, maybe you shouldn’t be so flippant with me, because you need to prove your case.”

The Labour Court said these actions denied Muyulenu a fair hearing but emphasised that the dismissal itself was legally sound. Continued employment would have been illegal under South Africa’s Immigration Act, the court said.

Instead of sending the matter back for another arbitration, the court decided there was no point.

Any fresh hearing would inevitably uphold the dismissal, it said.

IOL