Yvonne Mogano, a multi-skilled employee at Ster-Kinekor's The Zone cinema in Rosebank, South Africa, was dismissed on July 14, 2023, after being accused of eating popcorn while preparing it in the kitchen. Mogano claimed she only put a few kernels in her mouth to check the salt levels, as she had been instructed to do by her manager, Tyran Naicker, after a customer complained about the popcorn being too salty in 2022.
According to Mogano, Naicker had previously tasted the popcorn with her and instructed her to taste it in the future to ensure the correct salt levels, but cautioned her not to eat it. However, Naicker claimed he caught Mogano eating the popcorn and, after questioning her, found her doing the same thing when he returned about 20 minutes later. Ster-Kinekor charged Mogano with misappropriation of company assets, dishonesty, and failure to comply with company policy and standard procedures.
Mogano approached the Commission for Conciliation, Mediation and Arbitration (CCMA), arguing that her dismissal was unfair. The commissioner who heard the dispute found in her favour, concluding that Ster-Kinekor had failed to prove that Mogano had knowingly breached a workplace rule prohibiting employees from tasting popcorn. The commissioner ordered her reinstatement with retrospective effect.
Ster-Kinekor took the matter to the labour court, seeking to have the arbitration award reviewed and set aside. The company argued that the commissioner had misunderstood the evidence and had conducted the arbitration in a biased manner. However, the labour court acting judge, MJ Motshekga, was not convinced and dismissed Ster-Kinekor's review application.
Judge Motshekga noted that the commissioner had been presented with two conflicting versions and that disagreeing with a commissioner's preference for one version over another was not sufficient grounds for review. He also scrutinised Ster-Kinekor's standard operating procedure for preparing popcorn, which allocated responsibility for daily checks and quality control to management but contained no express prohibition against employees tasting popcorn to check salt levels.
The judge emphasised that employers relying on workplace rules must prove not only that the rules exist but also that employees are aware of them. Naicker had conceded during cross-examination that he had previously given Mogano popcorn to taste after the customer's complaint, which supported Mogano's version of events.
The labour court's decision means that Mogano will be reinstated to her position at Ster-Kinekor, with retrospective effect. The court's ruling highlights the importance of clear communication and awareness of workplace rules and procedures. Mogano had worked at Ster-Kinekor's The Zone cinema in Rosebank since May 2014.
Key points
- Ster-Kinekor failed to prove that Mogano had broken a known workplace rule.
- The labour court ruled that Mogano's version of events was more probable.
- Mogano will be reinstated to her position at Ster-Kinekor with retrospective effect.
