In a dramatic turn of events at Mediclinic Nelspruit, a workplace romance culminated in the dismissal of a Human Resources Business Partner (HRBP), after he refused to accept the end of his relationship with a colleague.

Charles Thamsanqa Shiba worked for Mediclinic Nelspruit in Mpumalanga and was in a relationship with NK who worked as a receptionist. Their relationship soured and eventually ended towards the end of 2020

Despite NK’s desire to move on, Shiba persistently ignored her wishes, inundating her with calls, texts, and even visiting her at home in an attempt to rekindle their romance. Frustrated and feeling unsafe, NK sought a protection order against him in January 2021.

The court issued a protection order prohibiting Shiba from communicating with NK, yet he defiantly continued to reach out, categorising his interactions as “work-related”.

The harassment included Shiba phoning NK on her landline at work after she had blocked his calls on her cellphone.

His refusal to respect the legal boundaries led to a series of altercations, including one notable incident at the reception desk where Shiba confronted NK despite being ordered by Mediclinic management to cease all contact.

Shiba’s attempt to win back NK’s heart went haywire. He would show up at work on days when he was not supposed to be duty just to pass by NK’s workstation. He even requested a colleague to speak with NK on his behalf.

He was later charged with misconduct for unprofessional and unacceptable conduct towards NK and using his position to intimidate her. Following a disciplinary hearing, he was subsequently dismissed.

Unwilling to accept the decision, Shiba took his case to the Commission for Conciliation, Mediation and Arbitration (CCMA), claiming his dismissal was unfair. In a surprising turn, the CCMA reinstated him.

However, the case did not end there. Mediclinic sought relief from the Labour Court in Johannesburg, where the evidence and testimonies were meticulously reviewed. Testimonies from five witnesses, including senior management, indicated that Shiba’s actions breached company policy and put the hospital’s reputation at risk.

Carmen Savva said she got wind of the issues between Shiba and NK in March 2021 through an email where she was requested to investigate the matter. She then instructed Shiba to stop all contact with NK and her colleagues at the reception. 

There was an incident at the reception where Shiba called the reception and asked to speak with NK, and he was told that she was unavailable as she was busy. Unrelenting, Shiba then went to the reception and asked to speak to NK. NK refused and she subsequently upset. Shiba eventually left the reception.

A second witness, Cecile Strumpher, testified that the reception supervisor and NK’s direct line manager, reported the reception incident to her.

A colleague who witnessed the incident, Bongani Magagula, went to Strumpher’s office to report what happened at the reception. Magagula found Shiba in Strumpher’s office. In his defence, Shiba said incident happened because NK had disrespected him. As a result, Magagula changed NK’s day shift to night shift to limit potential interaction between NK and Shiba.

When testifying, Shiba denied that he had acted inappropriately or unprofessionally towards NK, but he had no witnesses to corroborate his version.

Evaluating the CCMA proceeding, acting judge N Zwane said despite Shiba’s defence that his workplace interactions with NK was of a professional nature. There was evidence contradicting his version.

“At all material times after the relationship ended, Shiba’s interactions with NK at work were an endeavour to win back NK’s love.

“There was no evidence before the CCM that Shiba’s interactions with NK were work-related. In fact, there was no reason for Shiba to interact with NK on any work-related matters as she did not report to him directly or indirectly. Magagula is NK’s direct line manager and Strumpher is her second line manager,” said the judge.

Furthermore, the judge said the instruction from Savva to Shiba was unambiguous. Shiba had to stop interactions with NK.

“It is this instruction that Shiba defied and continued reaching out to NK. Although Shiba was not charged with insubordination, however, his continuation to interact with NK regarding their ill-fated relationship led to him being disciplined.”

The judge noted that the CCMA relied on a minor error where the hospital said Shiba’s behaviour continued 14 months as opposed to four months. The judge said this was not an issue as the fact remains that Shiba continued with his efforts to reconcile with NK despite knowing that his advances were not welcome.

“In the totality of the circumstances, it is my view that the CCMA committed a gross irregularity which distorted the outcome of the arbitration proceedings,” said the judge.

sinenhlanhla.masilela@iol.co.za

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