South Africa: Labour Court

IN THE LABOUR COURT OF SOUTH AFRICA

HELD IN DURBAN

CASE NO D694/05

IN THE MATTER BETWEEN:

THOKOZANI MICHAEL MSOMI APPLICANT

and

COMMISSION FOR CONCILIATION,

MEDIATION AND ARBITRATION FIRST RESPONDENT

NHLANHLA MATHE SECOND RESPONDENT

SOUTH AFRICAN REVENUE SERVICES THIRD RESPONDENT

JUDGMENT 19 MARCH 2007

PILLAY D, J This is an application to review and set aside the award of the second respondent Commissioner. The applicant was charged for being absent from duty without proper authorisation. The second charge appears to be a duplication of the first, in that through his absence he prejudiced the administration, discipline and efficiency of the South African Revenue Service, the employer.

The employee admitted to being absent from duty for the time alleged, which was about seven days. He denied that he prejudiced the administration, discipline and efficiency of SARS.

The arbitrator's reasoning is based squarely on the evidence before him. It was common cause that the employee had absented himself and that when he had done so, he had informed his supervisor on two occasions that he had been "sleeping and drinking." The simple fact of employment is that an employee who does not turn up for work must expect to be disciplined and if his misconduct persists, there is a good chance that he will be dismissed. The applicant had been aware of this rule. He had transgressed it previously and had been warned. His contention is that the warning had expired and he should not have been dismissed on this occasion, but should have been given a written warning.

There was no obligation on the employer to constantly give written warnings for repeated offences, even if the old warnings have expired. There is a limit to which absenteeism can be tolerated. It is not as though the employee was not aware of the consequences of his actions. In any

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