MODULE CODE: MRL3702
ASSESSEMENT NO: 01
DUE DATE : 03 MARCH 2023
Facts of the case
On September 25, 2017, Shoprite Checkers (Pty) Limited hired Mr. Chiloane
(employee) as a Non-Food General Assistant. He was accused of wrongdoing
related to bad timekeeping and absenteeism during the course of his job.1 The
business gave him written warnings that were good for a period of three to six
months on each occasion he was charged. When the misconduct persisted, the firm
issued final written warnings and noted in each warning that: Potential
consequences of future repeat or inability to remediate will lead to additional action
being taken against you which might lead to possible dismissal from the company if
found guilty.
Mr. Chiloane was once more arraigned on March 11, 2020, to appear before the
disciplinary inquiry to respond to the allegations of inappropriate absenteeism or
poor time keeping. He was expelled from the company after being found guilty.
[4] He reported an unfair dismissal dispute to the CCMA after being dissatisfied with
the results of the disciplinary hearing, and the third respondent decided the case.
The company presented two witnesses in the arbitration who spoke extensively
about the numerous misconduct hearings held against Mr. Chiloane and his failure to
change his behavior. In his own defense, Mr. Chiloane acknowledged his ongoing
absences from work but said that he had reported it to his line manager regarding
the charges brought against him on March 11, 2020.
1 Shoprite Checkers (Pty) Ltd v Chiloane and Others (JR1280/20) [2021] ZALCMPP 10 (5 November 2021)).
ASSESSEMENT NO: 01
DUE DATE : 03 MARCH 2023
Facts of the case
On September 25, 2017, Shoprite Checkers (Pty) Limited hired Mr. Chiloane
(employee) as a Non-Food General Assistant. He was accused of wrongdoing
related to bad timekeeping and absenteeism during the course of his job.1 The
business gave him written warnings that were good for a period of three to six
months on each occasion he was charged. When the misconduct persisted, the firm
issued final written warnings and noted in each warning that: Potential
consequences of future repeat or inability to remediate will lead to additional action
being taken against you which might lead to possible dismissal from the company if
found guilty.
Mr. Chiloane was once more arraigned on March 11, 2020, to appear before the
disciplinary inquiry to respond to the allegations of inappropriate absenteeism or
poor time keeping. He was expelled from the company after being found guilty.
[4] He reported an unfair dismissal dispute to the CCMA after being dissatisfied with
the results of the disciplinary hearing, and the third respondent decided the case.
The company presented two witnesses in the arbitration who spoke extensively
about the numerous misconduct hearings held against Mr. Chiloane and his failure to
change his behavior. In his own defense, Mr. Chiloane acknowledged his ongoing
absences from work but said that he had reported it to his line manager regarding
the charges brought against him on March 11, 2020.
1 Shoprite Checkers (Pty) Ltd v Chiloane and Others (JR1280/20) [2021] ZALCMPP 10 (5 November 2021)).
