Case Number GAEK10214-20
In the Arbitration between AFADWU and respondent Pioneer Food Groceries
The applicant was dismissed on the 18th of October 2020, his dispute was referred to CCMMA on the 27th of October 2021.
It is the common cause that the applicant was employed on the 1st March 2005. At the time of his dismissal, he was employed as Bin Attendant and earned R14800 per month.
He was also a weakness in case that was on July 2020, as he also attended the meeting on the very same month July 2020.
He was also a shop steward committee for the long period.
The details of the hearing were as follows:
1. This is the award in Arbitration between AFADWU and Pioneer Food Groceries, the respondent. The Arbitration was held under the auspices of the CCMMA in terms of section 191 of the labour relations Act 66 of 1995 as amended and the award is issued in terms of section 138.
2. The arbitration was scheduled for and held on the 10th May 2021 at the CCMA premises in Ekurhuleni. MR Gad Chauke represented the applicant. The respondent was represented by the HR Manager.
3. The proceedings were digitally recorded: this recording and the notes were taken during the proceeding proceedings have been filed with the commission.
As the issue to be decided required to determine whether the applicant was fairly dismissed and if not determine the appropriate approach relief. The substantive and procedural fairness of the dismissal is in dispute.
The award
The dismissal was substantively unfair, I herewith order the applicant to be retrospectively reinstated by Pioneer Food Groceries to his date of dismal of 8th October 2020 into his previous or a similar position without loss of benefit on r same or similar terms and conditions of employment that he enjoyed prior to his dismissal provided that these are worse than they were before the dismissal. He is to commence employment within one week of the respondent being served this award.
The respondent Pioneer Food Groceries is ordered to pay the applicant an amount of R 103 600 (R14 800) in back pay, minus such deductions as the employer party is the law.
