SOUTH AFRICA- Charles Thamsanqa Shiba, a former HR manager at Mediclinic Nelspruit in Mpumalanga, has been dismissed after persistently harassing a colleague following the end of their romantic relationship. The case, which unfolded in 2021, has raised concerns about workplace conduct and respect for legal boundaries.
The relationship between Shiba and a receptionist, referred to as NK, ended in late 2020. Despite NK’s clear intention to move on, Shiba continued to pursue her, sending numerous calls and texts and making uninvited visits to her home. Feeling unsafe, NK obtained a protection order against him in January 2021 to halt his advances.
The court order explicitly barred Shiba from contacting NK, but he claimed his subsequent interactions were work-related. He called her work landline after she blocked his mobile number and confronted her at the hospital’s reception desk, defying direct instructions from Mediclinic management to cease all contact with her.
Shiba’s actions escalated further as he appeared at NK’s workstation on days he was not scheduled to work and enlisted a colleague to speak to NK on his behalf. These incidents led to disciplinary charges of unprofessional conduct and misuse of his HR position to intimidate NK, culminating in his dismissal after a formal hearing.
Unconvinced by the decision, Shiba took his case to the Commission for Conciliation, Mediation and Arbitration (CCMA), which initially ruled in his favor and reinstated him. Mediclinic, determined to uphold its policies, appealed the decision to the Labour Court in Johannesburg, where the case was thoroughly examined.
Testimonies from five witnesses, including senior managers, were presented. Carmen Savva, a senior official, confirmed she had instructed Shiba in March 2021 to stop all contact with NK and her reception colleagues. Cecile Strumpher, another manager, detailed an incident where Shiba confronted NK at reception, leaving her visibly upset.
Bongani Magagula, a colleague who witnessed the reception incident, reported it to Strumpher and adjusted NK’s shifts from day to night to minimize further encounters with Shiba. In his defense, Shiba claimed his actions were professional, but he provided no witnesses to support his account, weakening his case.
Acting Judge N Zwane ruled that Shiba’s claim of work-related interactions was baseless, as NK did not report to him directly or indirectly. The judge noted that Shiba’s persistent attempts to reconcile with NK violated both the protection order and Mediclinic’s clear instructions, undermining workplace trust.
The Labour Court found the CCMA’s reinstatement decision flawed, citing a “gross irregularity” in its assessment, particularly regarding a minor error in the timeline of Shiba’s misconduct. The court upheld his dismissal, emphasizing that his actions breached company policy and risked the hospital’s reputation.
