The Labour Court has overturned decision of the CCMA to reinstate an employee after a 12.5kg bag of sugar disappeared.
Mabengu was implicated by the forklift driver, who was also dismissed for his admission in the loss of the sugar.In another case involving sugar in the workplace, the Labour Court overturned a decision by the Commission for Conciliation, Mediation and Arbitration to reinstate an employee after a 12.5kg bag of sugar disappeared.
“These defects in her reasoning, in her award, were such that the outcome of her award was one that no reasonable commissioner could have reached on the evidentiary material properly before her,” argued Famous Brands.Sebenzile Mabengu had been an employee of Famous Brands since 1990. He was a van assistant and a shop steward with an unblemished record of employment.
Mabengu was charged with a sole count of misappropriation of the sugar and ultimately, summarily dismissed on 6 May 2022. She concluded in her award that the employee’s dismissal was substantially unfair. As relief, she awarded the employee’s reinstatement.Mabengu’s duties included pushing a trolley between the delivery van and the company’s customer’s goods-receiving area or kitchen.The sugar was, therefore, an unusual item to be loaded, and then delivered, along with the dough mix. The bag of sugar was branded with the company name and logo of “Huletts”, while the dough mix was in plain white bags.
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