Saturday, August 31, 2024 - Godfrey Makaloi who has been working for Shoprite Checkers South Africa as a baker since 1991, was dismissed for misconduct after he was accused of consumption of company stock.
The retailer said that between October 17
until 22, 2022, Makaloi used the company’s sugar to make his tea or coffee.
This is after the company claimed to have
been experiencing loss of sugar in its bakery and Makaloi was seen on CCTV
stirring sugar into his hot drink in an area which was not designated for
consumption of food or drink.
The company concluded that the sugar came
from their 25kg cannister in the bakery, therefore he was shrinking the stock.
Makaloi admitted he was the person stirring
the drink, however, he denied that the sugar came from the large bag of sugar
used for baking goods for customers.
The video footage never
depicted where the offending sugar came from, but the bakery manager deduced
that it came from the bakery bag.
Makaloi was dismissed
after a disciplinary hearing and he referred an unfair dismissal dispute to the Commission for Conciliation,
Mediation and Arbitration (CCMA).
At the CCMA, the commissioner ruled that
while the dismissal was procedurally fair, however, it was substantially
unfair.
Commissioner Zoliswa Tabo added the video
evidence did not show Makaloi drinking from his mug, despite allegations by the
Shoprite store’s grocery manager saying he had consumed the drink.
The commissioner ordered the supermarket to
reinstate Makaloi with three months and two weeks’ back pay, effective from
January 2023.
Aggrieved by the ruling, Shoprite Checkers
took the matter to the Labour Court to overturn the CCMA’s decision.
In the appeal, Shoprite Checkers wanted the
court to either order that the baker’s dismissal was substantively fair, or to
remit the dispute back for reconsideration before another commissioner.
The store further argued that employees were
allowed to request provisions from the “cash office department” and sometimes
employees brought their own containers which are used to collect perishables,
such as tea, coffee, sugar and powdered milk and keep them in the lockers for
later use.
Meanwhile, Makaloi argued that he kept his
personal supply of sugar in the bakery area, same place where the store also
kept its sugar in a canister.
Acting Judge DA Smith who presided over the
matter, said there was no direct evidence regarding where exactly the sugar
came from.
Judge Smith said the store’s interpretation
that the sugar came from the baking stash, was unreasonable.
The judge further added that a witness
testified she had provided Makaloi with his personal supply of sugar from the
cash office department and her testimony was not challenged.
The judge said Shoprite Checkers failed to
prove its case and for this reason, the application was dismissed and the
CCMA’s decision was upheld.
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