Lumka was an employee at Delicious Thingz Restaurant. On three occasions he
had attempted to ‘take’ leftovers burgers home, but each time he was stopped
and reprimanded by the manager. On all occasions he received verbal warnings
for his conduct. On the 18th
of April 2024, Lumka completed his shift and packed
to go home. At the exit gate, he was searched by the security guard, who found
in Lumka’s possession, left-over food, including two burgers. When the manager
questioned him regarding the ‘theft’, Lumka admitted that he was guilty. He was
dismissed ‘with immediate effect’ and told not to return to the Restaurant ever
again. When Lumka objected to his summary dismissal because of the absence
of a hearing, the manager argued that a hearing would have made no difference
since he had already admitted guilt.
Considering the above set of facts, discuss the validity of Tsepo’s dismissal. (10)
Lumka's dismissal from Delicious Thingz Restaurant raises several issues regarding procedural fairness and the validity of the dismissal.
Firstly, Lumka had previously received verbal warnings for attempting to take leftovers home, which suggests that there was a pattern of behavior that had already been addressed. This may indicate that Lumka was aware of the rules regarding taking food home and the consequences of doing so.
Secondly, while Lumka admitted to being guilty when confronted by the manager, the lack of a formal hearing or opportunity for Lumka to present his side of the story raises concerns about procedural fairness. Generally, employees should be given an opportunity to explain their actions and provide any mitigating circumstances before a decision on dismissal is made.
Furthermore, the fact that Lumka was dismissed 'with immediate effect' and told not to return to the restaurant ever again suggests that the manager may have acted impulsively and without considering all the necessary factors. Dismissing someone summarily without following proper procedures can be considered unfair and potentially invalid.
In conclusion, while Lumka's admission of guilt may have been a factor in the manager's decision to dismiss him, the lack of a formal hearing and the summary nature of the dismissal raise questions about the validity of the dismissal. It would be advisable for Delicious Thingz Restaurant to review their disciplinary procedures and ensure that they are following fair and consistent practices in dealing with employee misconduct.