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Cape Times reports that the Labour Court has turned down an application by an employee who was dismissed from his job at Overberg AgriBedrywe for using his cellphone while operating heavy machinery, which breached the company’s safety policies.
The dismissed employee, who argued that his firing was unfair, was a qualified fitter and turner with 17 years’ experience. He was dismissed in February 2021 after working at the agri business for about 20 months. His dismissal came after he was placed on light duty due to an injury sustained at work, during which period he allegedly used his personal cellphone for private purposes while operating running machinery. Due to ignoring the company’s safety policies, the employer fired him for failing to comply with standards, rules and regulations related to safety and a breach of trust. In a similar case last year, a quality controller at Eskom’s Kusile Power Station was fired after he breached Eskom’s cardinal rule by handling or using his cellphone while driving a vehicle on site. In the recent judgment, the judge said: “In relation to the existence of the rule and (the employee’s) knowledge of it, the arbitrator was satisfied there was a rule in the workplace forbidding the use of phones for calls or listening to music whilst operating machinery, which (employee) was aware of. His finding was based on various evidence.”
- Read the full original of the report in the above regard by Chevon Booysen at Cape Times
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