Ster-Kinekor dismissed as Labour Court orders reinstatement of employee fired for eating popcorn
The Labour Court has upheld a CCMA finding that Ster-Kinekor unfairly dismissed employee Yvonne Mogano after failing to prove that tasting popcorn breached a known workplace rule.
Ster-Kinekor has failed in its attempt to overturn a Labour Court ruling that reinstated an employee fired for eating popcorn while preparing it in the cinema kitchen. Acting Judge M.J Motshekga upheld the Commission for Conciliation, Mediation and Arbitration's (CCMA) decision, finding Ster-Kinekor had not proven the employee's actions breached a workplace rule.
The employee, Yvonne Mogano, had been dismissed on July 14, 2023, following a disciplinary hearing two days after her June 30, 2023 incident. Mogano had testified she had only put a few kernels in her mouth to check salt levels, while Ster-Kinekor's complex manager, Tyran Naicker, claimed to have witnessed her eating the popcorn.
The court rejected Ster-Kinekor's arguments about inferred rules and biased arbitration, concluding the CCMA's decision was well-supported by evidence.
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