Shoprite Checkers in Gqeberha in the Eastern Cape has been ordered to reinstate a man after he was dismissed for using a teaspoon of sugar belonging to the company.
Godfrey Makaloi who has been working for the supermarket 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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