[1] This matter emanates from an employer – employee relationship. The applicant is employed by the first respondent as an accountant in terms of a comprehensive written agreement dated February 2019. The second respondent has not participated in the proceedings before this court, hence I will refer to the parties as applicant and respondent. On or about the 10th December 2019 the respondent instituted disciplinary charges against the applicant, alleging that he had brought his employer into “gross disrespect” and that he had used social media irresponsibly. [2] The cradle of these charges is a facebook post dated 7 th and 8th November 2019. At the disciplinary hearing the employer abandoned the charges based on the facebook post dated 7th November and placed its focus on the post dated 8 th November 2019 at 7:53 pm. I capture the full text of the post below: “We can go on and on but nothing will change, because there is no will to change, because kutokhala umzaqa. Dictatorship 101.” It is common cause that the applicant does not disavow the facebook post which is the subject matter of these proceedings. 4

Seleccionar párrafo de destino3