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Bullard gets his day in court

5 May 2009 12:566 commentsBizLike
David Bullard, who was fired from the Sunday Times last year after writing what the newspaper regarded as "racist" column, will get his day in court on 22 June 2009 when he faces up against publishing company Avusa.
According to Labour Court papers, Bullard will be seeking compensation for he believes was unfair dismissal and will be asking Avusa, owner of the Sunday Times, for full re-instatement.

David vs Goliath

While some might see this as a David vs Goliath contest or one of those court cases in which the side with the most money wins, Bullard is believed to have a "war chest" of almost half a million rands from donations by colleagues, followers and fans.

Avusa is likely to argue that Bullard was not an employee of the company and under contract and that unfair dismissal did not apply as the contract allowed for termination without notice.

Bullard's lawyers will probably argue that if he was hired as an “independent contractor” why then did he have permanent desk, parking for 11 years and issued with company business cards? He was, they will claim, treated as an employee for so long he was, to all intents and purposes, a member of staff.

Backlash

Bullard's dismissal was clouded in controversy, mostly because the offending column that he wrote passed through all of the newspaper's checks and balances without anyone raising a red flag and cautioning against its publication. It was only after a backlash from many quarters that the Sunday Times dismissed Bullard.

Bullard has since apologised for the offending column and has also appeared on an ANC election platform as an effort it seems, to make amends with the ruling party and also to defuse legal action over his comments about Jacob Zuma.

It is no secret that, although Bullard continues to make a living out of public appearances, speaking engagements and website contributions, he was shunned to the point of being blacklisted by the bulk of the newspaper industry after his "racist" column incident and subsequent dismissal.

The outcome of this Labour Court action is going to be very interesting, both from the point of view of newspaper publishers and the responsibility they bear in terms of monitoring what their columnists are writing but also from a lot of journalists in South Africa who will be coming under increasing pressure if the "protection" they have always enjoyed from their publishers starts falling away and they have to start facing litigation on their own.
 
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About Chris Moerdyk

Chris Moerdyk was head of strategic planning and public affairs for BMW South Africa and spent 16 years in the creative and client service departments of ad agencies, ending up as resident director of Lindsay Smithers-FCB in KwaZulu-Natal. Chris was recently listed in a Markinor survey as one of South Africa's top 10 marketing thought leaders. Apart from currently being a corporate marketing analyst, advisor and media commentator, he is non-executive chairman of Bizcommunity. Email Chris on and follow him on Twitter at @chrismoerdyk.View profile and articles...
Bishopscourt landowner
Moerdyk on Bullard-
What's with the quotation marks on "racism." Moerdyk's "article" reads like tacit support for Bullard's objectionable nonsense. Posted on 5 May 2009 20:43
Why?-
I understand that David wants to clear his name - but who would ask to be reinstated after getting axed in a hail of bullets.

Odd Posted on 6 May 2009 00:18
Simon
David rocks!-
I totally support David. I hope he's reinstated and I hope he continues to write controversial column like he did in the past. Good luck in court! If I had the money I'd also throw some into his war chest! Posted on 6 May 2009 09:36
...
"quotations"-
If there were no quotation marks on "racism" it would give an biased viewpoint that Moerdyk himself believes the article was racist - which it wasn't. It was an unnecessary article to write, I'm not sure why Bullard felt he needed to raise the issue in the first place... Posted on 21 May 2009 15:03
Line4
Moerdyk racist?-
Is Moerdyk a racist? Who knows. Do we ever really know these things? Who's a racist or who's not? Posted on 27 May 2009 14:00
Chardonnay
David is the Goliath!-
The mental midgets at Avusa have much to learn from David and it is he who showed them to be the fools they are, concerned about sucking up to the new elite. If David were reinstated sales to disaffected white men of the sleaze sheet Sunday Times would resume, as there is no other point of buying the fish wrap at the moment. Posted on 9 Jun 2009 06:43
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