Standard Bank employee loses Labour Court appeal after dismissal for taking 50c to balance her till

A former Standard Bank employee lost her appeal at the Labour Court in Johannesburg following her dismissal for alleged misconduct tied to cash misappropriation.

Nomfundo Khumalo worked as a teller for Standard Bank from November 2017.

Khumalo had just returned from a two-week leave on December 20, 2021, when she was subjected to a monthly surprise check on her cash till the following day. The surprise check revealed discrepancies that would ultimately lead to her dismissal.

During the inspection, it was discovered that on the day she returned to work, she attempted to balance her till four times and consistently reflected an amount of R11 in a form of R1 coins which was contrary to the R31 in R1 coins discovered during the surprise check.

In addition, her supervisor discovered R20 in R1 coins unaccounted for in her till tray. Further scrutiny of CCTV footage revealed a troubling scene: Khumalo, while attempting to resolve the discrepancies in her till, was captured placing a 50c coin into her pocket. This act was not only viewed as manipulative but also served as critical evidence against her during subsequent proceedings.

Following the discovery, Khumalo was suspended and faced disciplinary proceedings in March 2022, where she was charged with misconduct, failure to follow company procedure, and dishonesty stemming from the misappropriation of funds. Although she was acquitted of one charge, she was found guilty of misconduct and misappropriation of funds, leading to her dismissal.

Seeking to overturn the decision, Khumalo turned to the Commission for Conciliation, Mediation and Arbitration (CCMA), where she defended her actions before Commissioner Thandiwe Tshayan.

Khumalo conceded that her till did show discrepancies but attributed her failures to a series of seizures she suffered the day prior.

"I thought I had balanced properly the previous day but to my surprise I had mistakenly omitted a tray of R1.00 which amounted to R20, and this happened because I had seizures about four times the previous day and I forced myself to come to work…”.

Despite her efforts, Khumalo’s argument was rebuffed when Commissioner Tshayan determined that the footage presented compelling evidence of her wrongdoing, leading to the support of her dismissal.

Undeterred, she sought relief at the Labour Court and argued that her dismissal was unreasonable considering that she never had no differences or surpluses for at least a year.

She argued that she had seizures and was hospitalised, and her doctor had recommended that she be removed from stressful duties or handling money. 

On the morning of the incident, she claims she forced herself to attend to work even though her health was capricious.

She reiterated that there was no evidence that she took the 50c. Additionally, her dismissal occurred without any consideration of her overall health.

Acting judge Ndivhuho Tshisevhe, who presided over the review, emphasised that he cannot overlook the findings from the CCMA. The CCMA relied on evidence that Khumalo was captured on CCTV placing an item in her pocket, following which her till balanced.

"I do not see any reason to excoriate the findings of the second respondent (Thandiwe Tshayan), as her finding is pithily or succinctly addressed. The epiphany of the surplus money found in the till bag of the applicant (Khumalo) resonates well with the decision of the arbitrator," said Tshisevhe.

Tshisevhe added that from the evidence, he had no reason to interfere with the decision made at the CCMA

Khumalo's application was dismissed.

sinenhlanhla.masilela@iol.co.za

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