Mugg & Bean waitress fired after ‘this is not India’ remark wins Labour Court battle

Ask AI 5 min Mugg & Bean waitress wins unfair-dismissal case over ‘this is not India’ remark.

A Mugg & Bean waitress who was accused by her employer of making a racist remark about her manager’s Indian roots has won her Labour Court battle after the court upheld a finding that her dismissal was both substantively and procedurally unfair .

Marie Tshiala, who worked as a waitress at Mugg & Bean on Kloof in Cape Town, was summarily dismissed following a confrontation with the restaurant’s general manager, Premilla Anvary, in June 2024.

The dispute arose after Anvary learnt that Tshiala had lodged a claim with the Commission for Conciliation, Mediation and Arbitration (CCMA) over what she alleged was outstanding remuneration after her shifts had been reduced.

Tshiala had been employed by the business since November 2021 under fixed-term contracts. Her final contract covered January to December 2024.