The Star reports that two chocolate bars became the centre of legal scrutiny in the Labour Court when JDG Ltd, also known as Hi Fi Corporation, appealed against an arbitration ruling that ordered the reinstatement of an employee, MM, after her dismissal was deemed substantively unfair.

The sales manager of the applicant’s branch in Jabulani Mall was dismissed after using petty cash to purchase two chocolates for her private consumption. She did not disclose this purchase to the branch manager. She was brought before a disciplinary hearing, and she was found guilty of misusing petty cash. The chairperson recommended dismissal, which was implemented. MM challenged this and the arbitrator found that if MM had been intent on concealing the purchase, she would not have submitted the till slips providing evidence of the two purchases to the applicant. The arbitrator noted that he appreciated that MM was not authorised to purchase chocolates, but accepted her explanation that she was hungry and did not have an opportunity to have lunch. She had a clean disciplinary record at the time and offered to repay the money back. But the company asked the Labour Court to review the arbitrator’s findings.

Acting Judge C de Kock said it is not disputed that the trust relationship had broken down. The judge added that it was also an unreasonable conclusion to reach that MM had some sort of justification for using company funds and then not disclosing that she had done so. According to the judge “it is beyond this court’s understanding” that the arbitrator can find that an act of using petty cash for an employee’s own personal use, did not constitute an act of dishonesty.”

• Read the full original of the report in the above regard by Zelda Venter at The Star

Get other news reports at the SA LabourNews home page