Baker Wins Against Shoprite After Dismissal for Using Company Sugar

Godfrey Makaloi, a baker at Shoprite Checkers since 1991, has successfully contested his dismissal for allegedly using a teaspoon of company sugar.

Makaloi was dismissed for misconduct following accusations from the supermarket regarding the consumption of company stock. This incident was said to have occurred between October 17 and 22, 2022.

Shoprite claimed he used sugar from the bakery to sweeten his tea or coffee. CCTV footage showed him stirring the sugar in an area not designated for eating or drinking.

While Makaloi admitted to being in the footage, he denied that the sugar came from the bakery’s supply. The video did not clearly indicate the source of the sugar, but management concluded it was taken from their 25kg canister.

After a disciplinary hearing, Makaloi was dismissed and referred his case to the Commission for Conciliation, Mediation and Arbitration (CCMA) for unfair dismissal.

The CCMA ruled that while the dismissal was procedurally fair, it was substantially unfair. Commissioner Zoliswa Tabo noted that the video evidence did not show Makaloi consuming the drink, countering claims made by the grocery manager.

The CCMA ordered Shoprite to reinstate Makaloi with three months and two weeks’ back pay, effective January 2023.

Frustrated by this decision, Shoprite appealed to the Labour Court, seeking to overturn the CCMA’s ruling.

The retailer argued that employees could request provisions from the cash office and sometimes used personal containers for perishables.

Acting Judge DA Smith found no direct evidence regarding the sugar’s origin and deemed the store’s assumptions unreasonable.

A witness testified she provided Makaloi with his personal sugar, which was not challenged. The court ultimately upheld the CCMA’s decision, reinstating Makaloi.