Two tactical officers from Bidvest Protea Coin were dismissed for sleeping on duty, but a court ruling has reinstated them, highlighting inconsistencies in workplace discipline.
Bidvest Protea Coin turned to the Labour Court after two of its guards took a nap while on duty.THE topic of sleeping at work came under the judicial spotlight after two Bidvest Protea Coin tactical officers were fired, but the CCMA ruled earlier that they should be reinstated.The commissioner earlier found that the company applied discipline inconsistently, to the extent that the dismissal of Sphamandla Mlungwana and Hans Moetlo was deemed substantively unfair.
Bidvest’s argument on this point was that the other culprits fell asleep and did not purposely “go to sleep”. Mlungwana and Moetlo did not deny that they slept while on duty on the day in question. Their case is that, in being dismissed on a first offence, they were treated differently from other employees who slept on duty for the first time.
But Bidvest held that Mlungwana and Moetlo did not merely fall asleep accidentally as previous employees had done, but that they had both taken a decision to leave their posts to take a nap.
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