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Pretoria News reports that Tiger Brands has lost its application against an earlier CCMA finding that it had unfairly dismissed a worker who twice tested positive for alcohol when he reported for duty.
The food manufacturer turned to the Johannesburg Labour Court following the ruling. The commissioner at the time found the dismissal was too harsh and a final warning would have sufficed. The worker, Ben Mabizela, worked as a heavy machine operator at the company’s plant in Germiston and was dismissed in 2019. Tiger Brands claimed employees knew they’d be dismissed if anyone tested positive for alcohol or other substances and it would issue a final written warning only in exceptional circumstances. On 7 January 2019, Mabizela tested positive for alcohol when he reported for work and was sent home. Three months later, the same happened. In June he was called in for a disciplinary hearing regarding the January incident. In August he was given a final warning regarding the January incident. In September, he was called to a disciplinary hearing regarding the April incident and was found guilty and fired. While the CCMA commissioner accepted the zero tolerance policy, he expressed concerns regarding the delays in both disciplinary proceedings, which he said was gross mismanagement of the disciplinary processes. It was also taken into account that Mabizela was allowed to continue working for six months after the April transgression before he was fired. Acting Labour Court Judge T Gondidze turned down the company’s review application and said the commissioner’s observation that the disciplinary process was grossly managed was a reasonable conclusion.
- Read the full original of the report in the above regard by Zelda Venter at Pretoria News
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