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GroundUp reports that a waitress, who was fired for not declaring that she had received a R150 cash tip, has failed in her Labour Court bid to challenge her dismissal.
Labour Court Judge Edwin Tlhotlhalemaje ruled that the dismissal of Nyaradzo Taguzu and the subsequent confirmation of this at the CCMA was fair and reasonable. Her actions, the judge said, were “self-serving and bordered on greed”. Taguzu was employed at Chef’s Warehouse, Maison Estate, in 2016. She was fired in 2018 after a disciplinary process was held into allegations of misconduct relating to dishonesty for failing to declare her tips. She referred the dispute to the CCMA, where the company said it had implemented a policy in December 2017 in terms of which all waiters were required to disclose all their cash tips. The purpose of this was to ensure that at least 25% of tips were shared amongst all back house staff, who also contributed to customer service and experience. Liam Tomlin, one of the owners, said that staff had been consulted, but he conceded that Taguzu had refused to sign the policy. He said, however, she had verbally undertaken to follow the policy and she had declared her tips on the same day the policy was implemented. However, it was discovered that she had not done so on two occasions. Taguzu denied the allegations. She disputed that there had been proper consultation and said the new policy had been forced on her and other waitresses. The commissioner said if Taguzu had concerns about the policy, she should have referred a dispute to the CCMA. Tlhotlhalemaje said he could find no fault with the findings of the commissioner, who had correctly found there was nothing invalid about the policy. He dismissed the review.
- Read the full original of the report in the above regard by Tania Broughton at GroundUp
Get other news reports at the SA Labour News home page