A Free State vehicle dealership has been ordered to reinstate a technician who was dismissed in December 2025 for allegedly reporting for duty intoxicated, despite never being tested for alcohol.
The Motor Industry Bargaining Council also ordered New Vaal Motors in Bethlehem to pay Kganare Senopo R124,052.88 by no later than September. The amount represents the income he would have earned during the period of his dismissal.
According to the dealership, Senopo was on standby on November 14 2025, when he was summoned to assist with removing a truck’s radiator.
The company alleged that he arrived smelling of alcohol, struggled to walk properly and insulted a co-worker, causing the colleague to stop performing his duties.
The dealership further alleged that the next day when it tried to contact Senopo to ask about the progress of work on a customer’s vehicle, it could not locate him. When staff went to his home, they allegedly found him drunk and asleep.
Senopo, who had a clean disciplinary record, was dismissed on December 4 2025, after being accused of reporting for standby duty drunk. However, he was never subjected to an alcohol test, with the dealership relying on his alleged conduct to conclude that he was intoxicated.
Senopo denied being intoxicated and disputed the allegation that he had insulted his co-worker.
After his dismissal, Senopo approached the bargaining council to challenge the substantive fairness of his dismissal.
He also testified that had he been intoxicated, he would not have been able to remove the truck’s radiator.
Presiding commissioner Anna Maria Fourie found the dealership had unfairly dismissed Senopo.
“The evidence of the respondent’s witnesses was not sufficient to establish on probabilities that the applicant was under the influence of alcohol as alleged,” Fourie said.
On the intimidation of a colleague and the use of vulgar words, Fourie found through evidence presented that the said colleague and Senopo did not meet on the day but a day before and that the matter was not reported immediately.
“There was no evidence that reinstatement or re-employment was not practical or that a continued employment relationship would be intolerable. The dismissal was found to be substantively unfair.
“Therefore, I am bound by section 193(2)of the Labour Relations Act to order that Senopo be reinstated effective from December 5.”
Martlé Keyter from the Motor Industry Staff Association, which assisted Senopo in the application before the council, said the judgement highlights that suspicion or allegations cannot replace evidence.
“This award sends an important message to employers. Suspicion or allegations cannot replace evidence. When an employee’s livelihood is at stake, an employer must be able to prove the misconduct relied upon to justify dismissal,” she said.
Sowetan
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