Johannesburg Labour Court Judge Edwin Tlhotlhalemaje ruled the waitress’ dismissal was fair and reasonable.
The firing of a waitress at Chef’s Warehouse for not pooling her tips has been upheld by the Johannesburg Labour Court.The judge ruled that the CCMA’s finding – that her dismissal for misconduct and gross dishonesty was fair – was correct.
Liam Tomlin, one of the owners, said that staff had been consulted, but he conceded that Taguzu had refused to sign the policy. He was of the view that she had acted dishonestly, broken the trust relationship, and effectively stolen from her fellow employees. “Given the applicant’s unreasonable resistance to the policy, her conduct in my view was not only self-serving but equally bordered on greed.”
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