Labour Court rules in favour of dismissed man who was accused of being drunk at work

A MAN who was accused of being drunk at work has won the legal battle against his employer. Ntsabi Mahlo has been working as a general worker at Unilec SA since December 2021.

- SINENHLANHLA MASILELA

On September 19, 2022, Mahlo went to work to consult with an in-house doctor, as he was not feeling well. After the examination, it was found that he was sick and the doctor booked him off from work.

A second opinion from another doctor the next day confirmed his illness, resulting in further sick leave for September 21, 2022. However, the tide turned when management alleged that Mahlo had reported for duty under the influence of alcohol on September 19, 2022. A disciplinary hearing was held, and he was found guilty of the charge and was dismissed immediately.

Unwilling to accept this outcome, Mahlo referred the matter to the Commission for Conciliation, Mediation and Arbitration (CCMA), contesting the procedural and substantive fairness of his dismissal.

The CCMA ultimately found that the dismissal was both procedurally and substantively unfair.