Zero Tolerance Disciplinary Offences

The application of zero tolerance policies has become something that employers, particularly in work environments that require the utmost safety compliance, use to ensure that safety standards are adhered to. In its recent decision in Air Products South Africa (Pty) Ltd v Matee and others the Labour Court had to answer the question whether an employee's failure to adhere to an employer's zero tolerance policy rendered the employee's dismissal substantively fair.

the facts

In this case, the employer, Air Products South Africa, sought to review and set aside an arbitration award in which the commissioner had found the dismissal of the employee substantively unfair. Air Products is in the business of manufacturing and distributing substances including, oxygen, nitrogen, hydrogen and carbon dioxide. These gasses are manufactured and stored in highly pressurised storage units at Air Products facilities. Due to the highly hazardous environment for the employees,