CCMA rules on man who lost his job because of non-existent ‘criminal record’

A Gauteng man who has reported one of South Africa’s largest alcohol-producing companies to the Commission for Conciliation, Mediation and Arbitration (CCMA) for terminating his employment after accusing him of having a criminal record has won the case. 

Diageo produces well-known brands, including premium spirits such as Johnnie Walker, Tanqueray, and Smirnoff.

In an interview with The Citizen on Friday, Mpho Magashule said he was pleased that the CCMA ruled in his favour.

“I won the case, but I will not say much as they have not yet given me details about the win. According to the text that I received, the details of the award will be sent soon,” said Magashule.

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Job offer revoked

Magashule and the firm’s squabble started in September last year when he was employed as a customer service representative. Just as he was set to start work, he was told that the offer had been revoked because of his criminal record.

He tried to convince the company to reinstate him before deciding to take a legal route.

He said the incident destroyed his life as he rejected other job offers to take up the one with Diageo.  

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Diageo respond

In a previous interview with The Citizen, the company said Magashule’s employment was halted after a “background check”.

“Mr Magashule was considered and interviewed for a vacancy in the customer service section of our business. A provisional offer of employment was made to him, which was subject to a background check.

“The background assessment was unsuccessful. The basis for the unsuccessful background check outcome has been shared with the CCMA.”

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‘Reckless’

Labour law expert Sabelo Khanya from Ismail and Dahya Attorneys said it was reckless “to dismiss an employee due to allegations of having a criminal record when they haven’t done investigations nor obtained a clearance certificate of the employee”.

“Due to the arbitration award being in favour of the employee, they are to reinstate him(if that’s what the award says) and failure to do so grants the employee the right to lodge a contempt of court dispute at the labour court.”

Khanya said the employee would be entitled to a contractual claim for back pay for the period in which the employee was not reinstated, causing unnecessary financial repercussions for the employer.

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