MTN Loses Appeal as Labour Court Orders Employee Reinstatement and Backpay

The Labour Court in Johannesburg has dismissed an application for leave to appeal filed by Mobile Telephone Networks Proprietary Limited (MTN), upholding a ruling that reinstates a former employee.

Judge Tapiwa Cecilia Gandidze ruled that the telecommunications company failed to demonstrate that another court would likely reach a different conclusion regarding the fairness of the sanction imposed on the employee, Neo Thlame.

The legal dispute follows a prior judgment delivered in November 2025. In that decision, the court partially reviewed and set aside an arbitration award that had originally favored Thlame. While the court found that Thlame was guilty of misconduct, it determined that the company’s decision to dismiss him was too harsh a sanction.

As a result of the November 2025 ruling, the court ordered the reinstatement of the employee and awarded him six months of back pay.

MTN’s Grounds for Appeal

MTN sought to overturn the reinstatement on two primary grounds. The company argued that the court had failed to properly weigh several factors that it believed justified dismissal as the only appropriate disciplinary action.

According to reporting by IOL, the company’s arguments centered on the following points:

• The employee’s lack of remorse for his actions.
• The seriousness of the misconduct, which included absenteeism and the defiance of a manager’s instruction.
• The employee’s history as a repeat offender despite previous disciplinary measures.

MTN contended that the court erred in awarding any back pay to the employee.

Court Analysis of Disciplinary Sanctions

In her detailed analysis, Judge Gandidze rejected the company’s assertions, specifically addressing the issue of employee remorse. The court clarified that while remorse is an important consideration in determining a fair sanction, it is not a deciding factor that automatically mandates dismissal.

there is no rigid legal principle requiring the dismissal of employees who show no remorse

Judge Tapiwa Cecilia Gandidze

The court stressed that remorse must be weighed alongside all other relevant factors when determining the appropriate sanction for misconduct, rather than serving as a standalone justification for termination.

By dismissing the application for leave to appeal, the Labour Court has confirmed the reinstatement of Neo Thlame and the associated back pay, concluding that the original dismissal by MTN was disproportionate to the offense.