Discuss whether Mr Booser will be successful in a case for unfair dismissal at the CCMA Source: Er (20 Marks)

Understanding Business
12th Edition
ISBN:9781259929434
Author:William Nickels
Publisher:William Nickels
Chapter1: Taking Risks And Making Profits Within The Dynamic Business Environment
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Study the scenario and complete the question that follows:
Alcohol Abuse in the Workplace
Mr Booser worked at Ukwakhiwa Kwelanga Construction Pty (Ltd). On 26 March 2020, while operating a 50-ton truck, he caused an
accident by negligently allowing his vehicle to hook onto certain electrical cables, dragging them down and exposing other
employees to considerable risk. He was immediately tested for the intake of alcohol, and it was established that he was significantly
beyond the legal limit. He also displayed apparent symptoms of being under the influence of alcohol, in particular the smelt of
alcohol, had dark red eyes and demonstrated a general appearance of being intoxicated. Because he was unfit to carry out his
tasks, he was immediately suspended from duty for the shift. Following a disciplinary hearing where Mr Booser admitted that he had
an alcohol abuse problem, he was dismissed for both damage to company property and being under the influence of alcohol whilst
operating heavy machinery. He claims that a few weeks earlier, another employee committed a similar offence in similar
circumstances and Ukwakhiwa Kwelanga Construction Pty (Ltd), only issued a final warning to the employee.
Discuss whether Mr Booser will be successful in a case for unfair dismissal at the CCMA.
Source: Erasmus, S. 2022
(20 Marks)
Transcribed Image Text:Study the scenario and complete the question that follows: Alcohol Abuse in the Workplace Mr Booser worked at Ukwakhiwa Kwelanga Construction Pty (Ltd). On 26 March 2020, while operating a 50-ton truck, he caused an accident by negligently allowing his vehicle to hook onto certain electrical cables, dragging them down and exposing other employees to considerable risk. He was immediately tested for the intake of alcohol, and it was established that he was significantly beyond the legal limit. He also displayed apparent symptoms of being under the influence of alcohol, in particular the smelt of alcohol, had dark red eyes and demonstrated a general appearance of being intoxicated. Because he was unfit to carry out his tasks, he was immediately suspended from duty for the shift. Following a disciplinary hearing where Mr Booser admitted that he had an alcohol abuse problem, he was dismissed for both damage to company property and being under the influence of alcohol whilst operating heavy machinery. He claims that a few weeks earlier, another employee committed a similar offence in similar circumstances and Ukwakhiwa Kwelanga Construction Pty (Ltd), only issued a final warning to the employee. Discuss whether Mr Booser will be successful in a case for unfair dismissal at the CCMA. Source: Erasmus, S. 2022 (20 Marks)
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