The Labour Court has ruled that Ster-Kinekor Theatres must reinstate an employee who was dismissed for tasting popcorn at work. Yvonne Mogano, a multi-skilled employee at Ster-Kinekor's cinema in Rosebank, Johannesburg, was accused of eating popcorn in the kitchen while preparing it on June 30, 2023. Mogano had been employed by the company since May 23, 2014.
According to Ster-Kinekor's complex manager, Tyran Naicker, he found Mogano eating the popcorn she had been preparing and when questioned, she remained silent and continued eating. However, Mogano disputed this, saying she had only put a few kernels in her mouth to check the salt levels.
During the arbitration, Mogano testified that in 2022, after a customer complained that the popcorn was too salty, she and Naicker had tasted it. She said Naicker subsequently instructed her to taste the popcorn to check its salt levels, but not to eat it. The commissioner accepted Mogano's explanation, finding that Ster-Kinekor had failed to prove that she knew of a workplace rule prohibiting employees from tasting popcorn.
The Labour Court examined the company's standard operating procedure and the evidence presented during the arbitration. Ster-Kinekor argued that although its procedure did not expressly prohibit employees from tasting popcorn, the prohibition could be inferred from the fact that it prescribed a fixed recipe and allocated quality-control responsibilities to management.
However, the court found that Naicker had failed to identify any provision in the procedure that specifically prohibited employees from tasting the popcorn. The judge found that knowing how to prepare popcorn did not automatically mean that Mogano knew tasting it for salt was prohibited.
The court further noted that the company's procedure required the complex manager and multi-skilled supervisors to conduct daily checks on popcorn preparation and yield tests. However, it contained no provision expressly prohibiting employees from tasting the popcorn. The judge emphasised that an employer relying on a workplace rule must prove both the existence of the rule and that the employee was aware of it.
Ster-Kinekor also accused the commissioner of conducting the arbitration in a biased manner, but the court found no evidence supporting the allegations. Ultimately, the judge concluded that the arbitration award was supported by the evidence and represented a decision that a reasonable commissioner could reach. The Labour Court granted condonation for Ster-Kinekor's late filing of the review application, which had been instituted one day outside the prescribed six-week period, but dismissed the review application.
Key points
- Ster-Kinekor Theatres has lost its bid to overturn a ruling that found the dismissal of an employee accused of eating popcorn at work substantively unfair.
- The Labour Court ruled that the company must reinstate the employee, Yvonne Mogano, with retrospective effect.
- The court found that Ster-Kinekor failed to prove that Mogano knew of a workplace rule prohibiting employees from tasting popcorn.
