Written by Diyara Ishwarlall / Candidate Attorney / Mooney Ford Attorneys
The South African labour law landscape is always evolving, often with cases that bring fascinating and complex issues to light. Among the recent cases reported in the first edition of BALR this year, is a case with facts akin to a tale.
A Clash at Sea: The Captain and the Cook
De Gruchy / Visserye – (2024) 34 CCMA 7.1.1 Also reported at [2025] 1 BALR 15 (CCMA)
Case Background:
The applicant, employed as a cook on one of the respondent’s seagoing vessels, found himself in conflict with the captain over the quality of meals provided to the officers. The dispute escalated, leading the captain to turn the boat around and leave the cook ashore. The applicant subsequently claimed unfair dismissal, while the respondent contended that the cook had resigned. The respondent further alleged that the cook had left the galley in an unsanitary state, swarming with cockroaches.
Findings of the Commissioner:
Upon reviewing the evidence, the Commissioner determined that the applicant had indeed been dismissed. The ship’s logbook explicitly recorded that the captain had instructed the cook to leave the vessel. Crucially, the applicant had never formally resigned, as required by law.
The dismissal was based on two primary factors:
- A Breakdown in the Relationship: The deteriorating relationship between the captain and the cook rendered their continued working arrangement untenable. Life at sea is arduous and requires a high degree of discipline and cooperation. The cook’s assertion that he was “doing the skipper a favour” by being on board was perceived as insubordination.
- Failure to Follow Orders: The evidence suggested that the applicant had failed to comply with the captain’s directives, a serious concern in the challenging environment of seafaring operations.
Decision on Fairness:
- Substantive Fairness: The Commissioner found that the dismissal was justified given the toxic working environment, which was neither conducive to the applicant’s mental well-being nor aligned with the operational requirements of the respondent. The captain, responsible for maintaining order and discipline on board, had valid grounds for dismissing the cook.
- Procedural Fairness: Despite the substantive justification for the dismissal, the Commissioner ruled that the applicant had not been afforded an opportunity to state his case before being summarily dismissed. This rendered the dismissal procedurally unfair.
Compensation Awarded:
As a result of the procedural unfairness, the applicant was awarded compensation of R40,000.
Key Takeaways for Employers and Employees:
- Dismissal vs. Resignation: A resignation must be voluntary and unequivocal. If an employer instructs an employee to leave this is not a resignation but a dismissal.
- Importance of Due Process: Even in challenging work environments, procedural fairness must be upheld. Employees should always be given the opportunity to state their case in response to allegation before a decision to dismiss is made.
- Workplace Relationships: In high-pressure environments such as those found at sea, maintaining professional relationships is crucial. Employers and employees must navigate workplace disputes carefully to avoid unnecessary legal battles.
This case serves as a stark reminder that while employers have the right to manage their workforce, adherence to proper procedures remains a cornerstone of fair labour practices.
Photo by Nick Fewings on Unsplash
