Former SABC Chief Operating Officer Hlaudi Motsoeneng has lost his case against the Public Broadcaster at the CCMA, which ruled that his dismissal was procedurally and substantively fair.
Motsoeneng wanted his job back as Group Executive for Corporate Affairs.
He was dismissed after holding a press briefing where he attacked some SABC board members.
The SABC‘s case against Motsoeneng revolved around him having disregarded company policy which confined his freedom of speech.
SABC council Anton Myburgh argued that Motseoneng’s right to freedom of expression was tempered by the fact that he was a senior employee and as a general rule, an employee is not entitled to criticise his employer in public.
Motsoeneng’s team relied heavily on two points, his freedom of speech and procedural unfairness.
Advocate Thabani Masuku argued that the SABC‘s rules could not be held above the Constitution.
The CCMA has dismissed Motsoeneng’s application.
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