Forklift driver challenges dismissal after positive alcohol test from cough mixture
Image: File
A sip of cough mixture the previous evening and two spoons of the same mixture on the morning before he went to work, was the subject of a prolonged legal wrangle between a forklift driver and his company, after he was at first fired for testing positive for alcohol consumption.
The worker, only identified as Mr Tsamse by the Johannesburg Labour Court, was fired by Chill Beverages International, which has a zero tolerance for alcohol intake while at work.
The CCMA subsequently overturned his dismissal, but the beverages company now turned to the Labour Court to review the CCMA's finding.
Tsamse was employed by the company in June 2017 and served as a warehouse controller at the time of his dismissal for alleged gross misconduct after failing a breathalyser test.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Next
Stay
Close ✕
The beverage company manufactures and distributes various beverages, some containing alcohol. As a forklift driver, Tsamse had to transport raw materials, including bags weighing up to one ton of sugar or containers of up to 1,000 litres of liquid ingredients.
The company argued that its zero tolerance policy prohibits employees from having any intoxicating substances in their bloodstream during working hours, and they are forbidden from using any alcohol during work or within six hours before the start of their shift.
It said higher levels of alcohol would automatically lead to a disciplinary hearing and possible dismissal.
On the day in question, Tsamse was an hour late for work and, as usual, he was subjected to a breathalyser test when he entered the factory. He tested positive and had to undergo the test several times.
The company also used different devices to ensure that the initial device was not faulty. Tsamse was required to wait in the canteen, where he could eat and drink before being re-tested. He was tested again and failed once more.
He submitted that he had used medication and was unaware that it contained alcohol. The CCMA commissioner who initially overturned his dismissal noted that he did not smell of alcohol and displayed no visible signs of being intoxicated. It was also noted that he was a first offender with six years of service at the time of his dismissal.
Tsamse maintained that he did not consume any alcohol the day before his shift or on the morning of his shift. He was unwell the day before and had obtained a cough mixture from a neighbour.
He took some cough mixture in the evening before his shift and two teaspoons of the same mixture before walking to work on the morning of his shift.
He explained that he was unaware that the cough mixture contained any alcohol, as he did not read the label. Thus, he said, he had unknowingly contravened his employer's no substance policy.
A manager at the company explained that an employee working on machinery while under the influence posed a serious occupational and health risk, thus the zero-tolerance approach.
The commissioner, in earlier overturning Tsamse's dismissal, found no evidence to suggest that he had consumed alcohol the evening before or on the morning of his shift.
He also agreed that Tsamse was not intoxicated and showed no signs of drunkenness.
In asking for this ruling to be overturned, the company questioned the conclusion that Tsamse was negligent for not reading the label on the medicine bottle, but that the policy had not been breached.
The Labour Court, however, turned down the review and found that the commissioner's findings were reasonable under the circumstances.
zelda.venter@inl.co.za
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
9 hours ago
- IOL News
Ramaphosa says South Africa will engage US over new tariffs as trade challenges loom
President Cyril Ramaphosa reiterated that South Africa's trade relations with the US have historically been complementary in nature. Image: Itumeleng English / Independent Newspapers Banele Ginidza President Cyril Ramaphosa has underscored the country's commitment to maintaining market access in the face of the United States' recent decision to impose a 30% tariff on South African imports. This significant shift in trade policy highlights the urgency for South Africa to navigate increasingly turbulent international trade waters and adapt its export strategies. In his latest newsletter on Monday, Ramaphosa articulated a dual approach: not only will the government engage with the US to ensure mutually beneficial trade relations, but it will also accelerate the diversification of its export markets by boosting intra-African trade. Recognising the US as South Africa's third-largest trading partner, Ramaphosa acknowledged the measure's potential to disrupt industries heavily dependent on exports to the US, thereby affecting thousands of jobs and the country's fiscal stability. "Our foremost priority is protecting our export industries. As government, we have been engaging the United States to enhance mutually beneficial trade and investment relations. All channels of communication remain open to engage with the US," Ramaphosa said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Last month, US President Donald Trump said the sweeping tariffs will apply to 'any and all South African products sent into the United States,' and were being imposed outside of any sectoral trade deals. In a letter dated July 7, Trump said the move was 'necessary to correct the many years of South Africa's Tariff, and Non Tariff, Policies and Trade Barriers,' blaming Pretoria for what he called 'unsustainable Trade Deficits against the United States.' However, Ramaphosa reiterated that South Africa's trade relations with the US have historically been complementary in nature. He said South African exports did not compete with US producers and did not pose a threat to US industry. "Largely, our exports are inputs into US industries and therefore support the United States' industrial base. South Africa is also the biggest investor from the African continent into the US, with 22 of our companies investing in a number of sectors including, mining, chemicals, pharmaceuticals and the food chain," he said. "South African imports ultimately benefit US consumers in terms of both choice and cost. By way of example, citrus production is counter-seasonal and does not pose a threat to US production. "Furthermore, production by US companies has been on the decline for a number of years as yhe US sector grapples with low yields, citrus greening disease, and other factors unrelated to competition from imports. Imports from South Africa, the world's second largest citrus exporter, have filled a gap and contributed to stable supply and prices for US consumers."
The Citizen
a day ago
- The Citizen
R21m for dismissals: Unfair firing of two costs Mpumalanga department dearly
Legal fees add nearly R40m more to the total bill for province department The Mpumalanga department of agriculture, rural development, land and environmental affairs has come under fire for spending more than R20 million paying two former employees for unfair dismissal. This information is contained in the department's portfolio committee's recently released report. Mpumalanga department employees dismissed unfairly According to the report, the Labour Court ordered the department to pay R21 million to the two senior officials as their dismissal was found to be both procedurally and substantively unfair. 'The court ordered the department to pay retrospective compensation from the date of dismissal (2009 to 2024) and reinstate the employees,' the report says. The department told the committee that the payments would not affect service delivery because they were drawn from the compensation of employees' allocation. ALSO READ: Municipality granted time to challenge R700k employee payout order According to the document, the department incurred more than R30 million in legal fees associated with the two employees. 'In some circumstances, the department incurred no cost orders as the court did not make an order against the department. The department paid R1 554 000 between October 2024 and March this year, bringing the total amount paid during the 2024-2025 financial year to R39 516 536,' the document reads. Factors that could lead to wrongful dismissals Labour analyst Bukani Mngoma said there were many things that could have contributed to the situation that the department finds itself in. He said it might happen that they were given bad legal advice. 'Sometimes dismissals are wrong and management may know, but they pursue it because it may serve a political consideration, or they want to get rid of an employee who knows too much, or is a stumbling block to doing a corrupt act. ALSO READ: Legal Practice Council administrator accused of corruption loses Labour Court bid 'It is rare that such dismissals are a result of sheer incompetence, as there are too many people involved before an employee is finally dismissed. 'There is no way that in this chain of involvement no-one is picking up that the dismissal will cost the entity heavily,' said Mngoma. Public sector dismissals generally costly Mngoma said dismissals in the public sector were generally costly because of the high salaries employees get compared to those in the private sector. He said the seniority of the employee also made the dismissals even more costly. He added that the other factor was that it takes time before the matter can be finally decided, particularly if the employee was reinstated, because they may need to be paid from the date of dismissal. 'So, the longer the matter has taken, the more expensive reinstatement becomes. I say this because if the employee wins the case but is only compensated, there is a legal capping of 12 months' payment of compensation, irrespective of the period the matter dragged on. 'What I have also noticed is that investigations in the public sector take too long, as they want to get absolute proof as if the matter is in a criminal court.' ALSO READ: Intoxicated doctor loses Labour Court case after claiming white substance was peppermint, not cocaine Tersia Marshall, a DA member in the provincial legislature, has called on the department of public service and administration to consider placing a cap on the number of times it takes government departments to resolve cases of suspended or fired public service employees. Department spokesperson Zanele Shabangu did not respond to questions sent to her on Wednesday.
IOL News
2 days ago
- IOL News
New mixed-use development in Tshwane: A step towards affordable housing
Kholofelo Morodi, Member of the Mayoral Committee for Corporate and Shared Services, has expressed optimism about Tshwane's proposed multimillion-rand mixed-use development, which is set to transform 16 municipal properties into affordable rentals. Image: Supplied/ City of Tshwane The City of Tshwane's proposed multimillion-rand mixed-use development is set to transform the northern gateway precinct into a vibrant and economically active zone with affordable rentals and student accommodation. The project involves demolishing 16 city-owned properties currently housing municipal workers to make way for a new development. The council gave the municipality the green light on Thursday to put the properties up for tender through an open process, aiming to secure a private partner for a maximum 50-year lease to finance the development. The standalone properties, located next to the Pretoria National Zoological Gardens, are ideal for a mixed-use residential development due to their proximity to the Pretoria CBD. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Council parties, including DA councillor Dana Wannenburg, supported the proposal with a recommendation that the development report specify an initial 30-year lease with a possible 20-year renewal. Wannenburg said the recommendation would acknowledge the long-term and complex nature of the lease, allowing the council to maintain oversight without compromising its decision-making authority. According to the council report, the properties are over 50 years old and will require significant investment to bring them up to standard. "It is therefore recommended that the properties be demolished to allow for new development," the report said. The properties are currently occupied by families who are council employees with expired leases. They will be required to vacate the properties after receiving notices but will have the option to rent properties in the new development, with preference given to them. 'In order to enhance the revenue value of the properties, the 16 standalone properties will be consolidated to form a total extent of approximately 1,1hectares,' said the council report. Kholofelo Morodi, Member of the Mayoral Committee for Corporate and Shared Services, said the proposed development was approved by council following a public participation process with no objections received. She said: 'Public feedback was sought to ensure transparent governance and community alignment as part of the city's catalytic land development programme. No objections or submissions were received, signaling shared public support for the transformation of the northern gateway precinct into a vibrant, affordable and economically active zone.' She said reclaiming the precinct enables Tshwane residents to live closer to their workplaces and educational institutions, thereby reducing commuting burdens and boosting foot traffic in the inner city. She explained that the city will retain ownership of the land throughout the 50-year lease period, ensuring long-term public value. 'Upon expiry of the lease, improvements and land will revert to the municipality, ready to serve future generations in a renewed urban context,' Morodi said.
