Labour Court upholds KFC manager’s dismissal for showing favouritism among staff - IOL

KFC manager’s dismissal upheld after Labour Court finds trust relationship had broken down.

The Labour Court has upheld the dismissal of a former KFC Rocklands restaurant general manager after finding that allegations of favouritism, misconduct and a breakdown in the trust relationship justified his dismissal.

Acting Judge ME Manala ruled that the dismissal of Sebata Alfred Ntahane by Rohloff Group, trading as KFC, was both procedurally and substantively fair, overturning a CCMA arbitration award that had found against the company.

The judgment followed a review application by Rohloff Group seeking to set aside the arbitration award in its dispute with Ntahane.

Ntahane faced several allegations of misconduct relating to his management of the KFC Rocklands restaurant in Bloemfontein.

The charges included allegations that he treated employees differently, showed favouritism, shouted at an employee in front of colleagues and customers, and created discord within the team.

The company also accused him of dishonesty during disciplinary proceedings, alleging that he had written employees’ statements in his own handwriting before having them signed and submitted to the hearing and appeal chairpersons.

Other allegations included intimidating employees into signing statements, neglecting restaurant operations while browsing his cellphone, failing to complete a food cost report, refusing to follow instructions, missing scheduled training and taking unauthorised leave.

The court considered evidence from employees and company representatives, including Refilwe Bonolo-Khosi, a former shift supervisor who testified about Ntahane’s management style.

Bonolo-Khosi testified that Ntahane treated and disciplined employees differently and favoured an employee, Nthabeleng.

She also testified about an incident involving the two employees and Ntahane, alleging that he managed the dispute in a manner that favoured Nthabeleng.

The court noted that these aspects of her testimony were not challenged during cross-examination and were not addressed by Ntahane in his own evidence.

Judge Manala said the CCMA had been left with an undisputed account that Ntahane had managed the interaction in a manner favouring Nthabeleng.

The Labour Court found that a reasonable assessment of the evidence could not have produced the outcome reached by the CCMA.

It ruled that the arbitration award was unreasonable and liable to be reviewed and set aside.

The court further found that the evidence before it justified a determination that Ntahane’s dismissal was fair, rather than referring the matter back for a fresh arbitration.

In considering the fairness of the dismissal, the court said the evidence pointed to serious acrimony between Ntahane and Bonolo-Khosi.

Judge Manala said the two could not reasonably be expected to work together, given the hostility emerging from their respective accounts.

The court found that the evidence presented by company representatives and employees supported the conclusion that the trust relationship had broken down.

It said the evidence could not yield any outcome other than dismissal, given the apparent breakdown in trust.

The court reviewed and set aside the arbitration award in the dispute between Ntahane and Rohloff Group.

It substituted the award with an order declaring that Ntahane’s dismissal by Rohloff Group, trading as KFC, was procedurally and substantively fair.

The court made no order as to costs.