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FAIRNESS IN DISMISSAL CASES | A zero tolerance policy

FAIRNESS IN DISMISSAL CASES | A zero tolerance policy

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  • Create Date May 19, 2022
  • Last Updated May 19, 2022

This may sound hugely unfair when the consumption of two pieces of carrots got an employee fired at Nando’s in the matter of Nando’s Scottville v Gwala and others D06/2019. According to the employer his conduct amounted to dishonesty and according to the employee, he was merely testing if the food was good for consumption as it appeared to have ice in it. The matter came on review some years later. The employee denied that he knew he could be fired for this, whereas the disciplinary code of the employer determined the consumption of food to be dishonesty and theft/fraud. In the CCMA, the commissioner was not satisfied that the employer proved that the employee was dishonest. The LC found that it accepted that the employee breached the rule and that it was a serious transgression, however, as was found in the Shoprite matters, not all transgressions of this nature warrants dismissal as the appropriate sanction. As per the LAC – a zero tolerance policy must only be accepted by the CCMA if such policy warrants such strict application, based on fairness!


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