The enjoyment of consuming two chocolate bars with petty cash from her company came at a high price for a sales manager at a company as this caused her to lose her job.
The two chocolate bars were the subject of legal scrutiny – first during arbitration proceedings during which a commissioner accepted her excuse that she was hungry and thus bought the sweet treats. It also now formed part of the Labour Court in Johannesburg’s consideration.
JDG Ltd, trading as HiFi Corporation, turned to the labour court to review the arbitration ruling which ordered it to reinstate the employee, only identified as MM. The arbitrator earlier found her dismissal to be substantively unfair.
She was employed as the sales manager of the applicant’s branch in Jabulani Mall. Her dismissal followed after she took petty cash money, on two separate occasions, from the applicant to purchase stationery for a promotion run by the applicant.
MM purchased the stationery but also bought two chocolates for her private consumption. She did not disclose this purchase to the branch manager.
A week after the purchase the branch manager made a reconciliation and noticed the shortage in the petty cash account. He approached her and she claimed that she did not know how to repay the money to the petty cash account.
She was brought before a disciplinary hearing, and she was found guilty of misusing petty cash. The chairperson recommended dismissal, which was implemented.
She challenged this and the arbitrator found that if MM was intent on concealing the purchase, she would not have submitted the till slips to the applicant which provided evidence of the two purchases.
He found that the till slips are there for everybody to see. The arbitrator noted that he appreciates that MM was not authorised to purchase chocolates but accepted her explanation that she was hungry and that she did not have an opportunity to have lunch.
– iol.co.za
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