40 litres of diesel costs farm manager his job

A farm manager who previously dismissed an employee for similar misconduct has lost his Labour Court battle to get his job back after putting 40 litres of his employer’s diesel into his private vehicle.

The man, who was employed as a head farm manager at Quantum Foods, challenged a 2024 arbitration award that found his dismissal for misconduct was fair. However, the Labour Court in Cape Town dismissed his application, finding that the arbitrator’s decision was one that a reasonable decision-maker could reach.

The dispute centred on him allegedly taking 40 litres of diesel belonging to his employer and putting it into his private vehicle without obtaining the necessary authorisation.

At July 2024 inland wholesale prices, 40 litres of diesel would have cost approximately R826. However, the judgment does not specify when the farm manager took the fuel, so its value at the time of the incident could have differed.

Previous owner

The employee maintained that he had used his private vehicle for work-related travel and was entitled to use the company’s diesel.

This was because the previous owner of the farm had given him permission to use diesel for business purposes and that he had travelled approximately 250km in his private vehicle on company business, the farm manager said.

However, the arbitrator found that he knew he needed authorisation before taking the diesel and had failed to establish that he had undertaken the business travel he claimed.

“The arbitrator held that the misconduct contains an element of dishonesty and thus is dismissible,” stated the court. 

At the same time, the arbitrator also noted that the employee had previously dismissed another employee for similar conduct and must therefore have known what consequences the misconduct carried.

“The arbitrator ruled that the applicant had in fact dismissed someone in the past for doing something similar and must therefore have been aware why this employee was suspended and what was awaiting him.”

Previous actions

This formed part of the circumstances considered in determining whether his own dismissal was fair, the ruling said. The farm manager subsequently approached the Labour Court to have the arbitration award reviewed and set aside.

In reviewing the award, Acting Judge C May considered whether the arbitrator had reached a decision that fell within the range of outcomes a reasonable decision-maker could reach.

A Labour Court review is not a fresh disciplinary hearing or an opportunity for the court simply to substitute its preferred outcome for that of the arbitrator.

The court considered the employee’s arguments against the arbitration findings, including his claim that he had permission to use the diesel and that the fuel had been used for work purposes.

However, the court found no basis to interfere with the arbitrator’s decision and, as a result, the application to review and set aside the arbitration award was dismissed. The court ordered each party to pay its own legal costs.

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