Menke v Mashigo and Others (Reasons) (JR2802/21) [2025] ZALCJHB 278 (24 June 2025)

Menke v Mashigo and Others (Reasons) (JR2802/21) [2025] ZALCJHB 278 (24 June 2025)

The court found that the revised cash handling policy was withdrawn with immediate effect on 9 July 2021, as evidenced by Shoprite's emails and corroborated by witness testimony. The old policy, which set the threshold for dismissal at R110.00, was operative when the applicant committed the misconduct on 15 July 2021. The applicant was aware of the policy and failed to dispute its withdrawal during cross-examination. The arbitrator's finding that dismissal was the appropriate sanction was reasonable and supported by the evidence. The applicant's challenge to the interpretation of the emails and the policy's withdrawal was without merit, and there was no basis for the court to interfere...

Citation
[2025] ZALCJHB 278
Parties
Applicant: Makgolane Menke; Respondent: Commissioner Maimela Mashigo; Respondent: Commission for Conciliation, Mediation and Arbitration; Respondent: Shoprite Checkers (Pty) Ltd (Lotus Gardens)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2025
Case Number
JR2802/21
Procedural Posture
Review Application / Reasons for Order Following Dismissal of Review Application
Outcome
Review application dismissed; arbitration award upheld.
Judges
M T M Phehane
Legal Topics
Unfair Dismissal, Disciplinary Policy Interpretation, Review of Arbitration Award, Sanction Appropriateness
Labour Law Civil Procedure Unfair Dismissal Disciplinary Policy Interpretation Review of Arbitration Award Sanction Appropriateness

Case Brief

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Parties

Makgolane Menke

Applicant

Commissioner Maimela Mashigo

Respondent

Commission for Conciliation, Mediation and Arbitration

Respondent

Shoprite Checkers (Pty) Ltd (Lotus Gardens)

Respondent

Procedural Posture

Review Application / Reasons for Order Following Dismissal of Review Application

Legal Issues

  1. 1 Was the revised cash handling policy withdrawn on 9 July 2021, making the old policy applicable to the applicant's misconduct?
  2. 2 Was the sanction of dismissal for being over R193.08 in the till appropriate under the applicable policy?
  3. 3 Did the second respondent fail to properly consider the evidence and arguments regarding the policy's withdrawal?

Ratio Decidendi

The court found that the revised cash handling policy was withdrawn with immediate effect on 9 July 2021, as evidenced by Shoprite's emails and corroborated by witness testimony. The old policy, which set the threshold for dismissal at R110.00, was operative when the applicant committed the misconduct on 15 July 2021. The applicant was aware of the policy and failed to dispute its withdrawal during cross-examination. The arbitrator's finding that dismissal was the appropriate sanction was reasonable and supported by the evidence. The applicant's challenge to the interpretation of the emails and the policy's withdrawal was without merit, and there was no basis for the court to interfere...

Court Disposition

Review application dismissed; arbitration award upheld.

Orders

  • The review application is dismissed.
  • No order as to costs.