A Shoprite baker, who was dismissed for allegedly stealing sugar from his employer, has won his case in the Labour Court.
Shoprite alleged that the sugar Godfrey Makaloi used came from the bakery's stock.Who would have thought that stirring a cup of tea or coffee during working hours could lead to a Shoprite baker’s dismissal and a subsequent legal battle?
Makaloi challenged his dismissal at the Commission for Conciliation, Mediation and Arbitration and won his case.CCMA commissioner Zoliswa Tabo ruled that while the dismissal was procedurally fair, it was substantially unfair. The company requested that the court either rule the baker’s dismissal as substantively fair or send the dispute back for reconsideration by a different CCMA commissioner.delivered this week, Judge D.A. Smith reviewed the key facts of the case, including video footage showing Makaloi “stirring something into a mug of either tea or coffee”.
Makaloi’s legal team argued before the Labour Court that he kept his personal supply of sugar in the bakery area, where Shoprite also stored a large 25-kilogramme canister of sugar used for baking goods sold to customers. However, the acting judge found that the grocery manager’s claim that Makaloi took the store’s sugar was not supported by “direct evidence”.“It was an inference which he made unreasonably. His logic suggests that because the sugar was stirred-in inside the store, it must therefore have come from the 25kg cannister and not from the employee’s packet,” the judgment reads.
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