Ram employee loses Labour Court battle after dismissal for refusing to deliver package

Labour Court rules in favour of RAM Transport in unfair dismissal case. The Labour Court in Durban has overturned an arbitration ruling that awarded compensation to a dismissed driver’s assistant, finding instead that his dismissal was substantively fair. Acting Judge Connie Phakedi ruled in favour of RAM Transport South Africa, setting aside an earlier arbitration award issued under the auspices of the National Bargaining Council for the Road, Freight and Logistics Industry.

The case centres on the dismissal of K.R. Mkhize, who had been employed by RAM Transport since December 2011 as a crew member responsible for assisting with parcel deliveries. Mkhize was dismissed in June 2019 after being found guilty of gross negligence and failing to follow standard operating procedures.

The charges stemmed from an incident in which he allegedly refused to carry out a delivery instruction issued by a branch manager on the evening of May 2019. On 22 May 2019, Mkhize was instructed by the branch manager, Angus Allagan, to facilitate a delivery that had not been delivered earlier that day. However, Mkhize refused to execute the delivery, citing that it was late, despite Allagan offering to escort the crew to ensure their safety and the completion of the delivery.

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According to the employer, the instruction was lawful and reasonable, and the refusal led to a service failure that risked damaging client relationships. Mkhize was subsequently charged with gross negligence or failure to follow standard operating procedures, alternatively bringing the company’s name into disrepute. He was dismissed following a disciplinary hearing conducted in accordance with RAM Transport’s disciplinary code.

In his defence, Mkhize denied refusing to act on lawful instructions. He claimed he had no knowledge of the delivery arrangements and had not been part of the discussion between the driver and management. Following his dismissal, Mkhize referred an unfair dismissal dispute to the bargaining council.

The appointed commissioner found that while the disciplinary process was fair and Mkhize had indeed committed misconduct, dismissal was too harsh a sanction and awarded Mkhize compensation equivalent to five months’ remuneration. RAM Transport subsequently approached the Labour Court to review and set aside this arbitration award. Judge Phakedi found that the commissioner had correctly identified that Mkhize breached workplace rules, refused a lawful instruction, and contributed to a breakdown in the employment relationship.

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