Ster-Kinekor loses court bid over employee dismissed for tasting popcorn
The Labour Court upheld the reinstatement of a Ster-Kinekor employee after finding that the company had not proved she breached a workplace rule by tasting popcorn to check its salt levels.
Ster-Kinekor Theatres has been dealt a setback as a court ruled that the dismissal of an employee for allegedly tasting popcorn while at work was substantively unfair. The Labour Court upheld a Commission for Conciliation, Mediation and Arbitration (CCMA) arbitration award, reinstating the employee Yvonne Mogano with retrospective effect.
The incident occurred in June 2023 at Ster-Kinekor's cinema in Rosebank, Johannesburg. Mogano, who had been employed by the company since May 2014, was accused of eating popcorn in the kitchen while preparing it. Despite Ster-Kinekor's failure to prove she knew of a workplace rule prohibiting popcorn tasting, the court found that the company did not establish she committed dishonesty or breached policies.
The judge emphasized that an employer must prove both the existence of a rule and that the employee was aware of it. The court also rejected Ster-Kinekor's allegations of bias in the arbitration process.
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