POLL | Does your workplace have a dress code and do you stick to it?

A recent labour court order reinstating a woman who was dismissed five years ago over a “no high heels” policy at her workplace has sparked fierce debate.

At the centre of the issue was Tharisa Minerals' health and safety policy that “appropriate shoes must be worn at all times. Slippers, high heels and open shoes are not allowed”.

It did not, however, explicitly mention where these prohibited shoes were not allowed, and was later reviewed, after a risk assessment, to include, “Only flat shoes may be worn at work on Tharisa premises. No sleepwear is allowed.”

The mine warned that non-compliance with these instruction may lead to disciplinary action.

Human resources co-ordinator Litshani Mofokeng was spotted wearing high heels on two occasions and was informed about the policy. She complied, but was not happy and urged another woman colleague to join her in voicing their dissatisfaction.

After an investigation, Mofokeng was charged with gross insubordination and incitement for lobbying other employees to challenge the memorandum. She was found guilty and dismissed.

She lodged a dispute with the bargaining council, which found the dismissal fair.

The labour court subsequently ruled the dismissal procedurally fair but substantively unfair, and ordered her reinstatement.

The court found in a judgment passed in June that there was no indication of a deliberate and serious challenge to, or defiance of, the policy by Mofokeng.

“Had Mofokeng garnered the necessary support, a demand might have been made to either amend the policy further or to reconsider the policy. Accordingly, on the facts of this case, there is no scintilla of evidence to demonstrate challenge of authority,” judge Graham Moshoana said.

Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.