Baker Vindicated: Shoprite Reinstatement After Unfair Dismissal Over Sugar Incident

In a landmark decision that reinforces workers' rights in South Africa, a bakery employee at Shoprite Checkers in Gqeberha in the Eastern Cape has triumphed in court after being wrongfully dismissed for the alleged theft of a teaspoon of sugar. Godfrey Makaloi, a long-standing Shoprite baker since 1991, was accused of consuming company stock and was dismissed on charges of misconduct.

The incident that led to his dismissal occurred between October 17 and 22, 2022, with Shoprite Checkers claiming Makaloi used the company's sugar for his personal beverage—a claim substantiated solely by CCTV footage showing him stirring his drink in a non-designated area.

The contention stemmed from the assumption by the company that the sugar in question was taken from their 25kg cannister in the bakery, but Makaloi contested this allegation, stating that it did not come from the large bag intended for customer goods. Despite the video evidence not clearly showing the origin of the sugar, the company proceeded with a disciplinary hearing that culminated in his dismissal.

Challenging Shoprite's decision, Makaloi referred the issue to the Commission for Conciliation, Mediation and Arbitration (CCMA) where Commissioner Zoliswa Tabo deemed his dismissal substantial unfair despite being procedurally fair. In January 2023, an order for Makaloi's reinstatement with back pay was made.

Shoprite Checkers would not accept the CCMA outcome and appealed the decision at the Labour Court, seeking either a substantiation of the original dismissal or a new hearing by a different commissioner. However, the Labour Court, presided over by Acting Judge DA Smith, found that Shoprite's evidence regarding the source of the sugar was speculative and that the testimony of a witness who provided Makaloi with sugar from the cash office was uncontested.

Highlighting the absence of direct evidence, Judge Smith dismissed Shoprite Checkers' appeal and upheld the CCMA's decision, signifying a momentous win for Makaloi. This case underscores the necessity for employers to demonstrate unequivocal evidence in disciplinary matters, and it reaffirms the protection labor laws provide to employees in South Africa.